Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
22/03/2023
Kathryn Howarth represented the Crotian Judicial Authority in extradition proceedings before Cranston J in the Administrative Court.
The proceedings concerned a request by Croatia for the extradition of Mr Milenko Maric to face a re-trial in Croatia, in relation to war crimes allegations arising from the conflict in the former Yugoslavia in 1991.
Mr Maric is charged with committing war crimes against the civilian population. It is said that Mr Maric was part of a police service attached to the “Secretariat for International Affairs of Beli Manastir” and was directly involved in beating and torturing civilains of non-Serbian ethnicity.
Mr Maric challenged the order for his extradition made by DJ Clewes, primarily on the basis that extradition would constitute a disproportionate interference with his Article 8 ECHR rights. However, Cranston J rejected the Applicant’s arguments, which concerned the passage of time and his ill health as well as that of his former partner, for who he is a carer. Cranston J noted that the Applicant had already been tried and acquitted of the offences in Croatia, but concluded that there remained a strong public interest in his extradition to face a re-trial, given the seriousness of the allegations and that the public interest in his extradition trumped his Article 8 rights and those of his family members.
