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Kathryn Howarth represented the Government of the USA before a Divisional Court comprised of Fulford LJ and Laing J.
The Appellant was sought in respect of four serious drugs trafficking offences, each carrying potential sentences of life imprisonment without parole (LWOP).
The Divisional Court held that the jurisprudence was clear that extraditing a requested person to the USA to face a life sentence without parole did not breach Article 3 ECHR. The Divisional Court refused to follow a conflicting decision by a Chamber of the European Court of Human Rights in Trabelsi v Belgium (140/10) (2015) 60 E.H.R.R 21  9 WLUK 132, which it described as an unexplained departure from the Courts’ previous jurisprudence and which had not been followed in the extradition context. This case is now on appeal before the European Court of Human Rights.