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22/11/2023
District Judge Heptonstall refused extradition to Turkey on two bases: (1) the offence was not an “extradition offence” since the mens rea of the offence could not be impelled from the conduct set out in the warrant and Further Information; and (2) because he found that there would be a “real risk” of inhuman and/or degrading treatment in breach of Article 3 ECHR if the requested person were to be extradited to Turkey due to significant overcrowding in Turkish prisons. The Judge found that the assurance provided to the UK court was not reliable since where requested persons had been extradited to Turkey previously, the assurances were breached in 80% of cases. |