29th November 2021
This morning the Chief Magistrate discharged a British/Russian national from extradition proceedings initiated by the Russian State. In ordering the Requested Person’s (‘RP’s) discharge, the learned Judge provided guidance as to his interpretation of “political opinions”, under the extraneous considerations bar, signaling a departure from the approach taken by his recent predecessors.
The RP raised a number of challenges to his extradition to Russia. The Chief Magistrate found that extradition would breach the RP’s rights under Articles 3 and 6 of the European Convention on Human Rights.
Furthermore, the Senior District Judge found that extradition should be barred by reason of extraneous considerations. In so finding, he adopted the “wide” definition of “political opinions”, as opposed to the narrower approach that had been applied over much of the past decade at Westminster Magistrates’ Court. This change in approach brings the extradition jurisprudence in conformity with the stance taken by the courts in asylum cases.
Myles was led by Hugo Keith QC and instructed by Edward Grange, Anna Rothwell and Peter Bowles at Messrs Corker Binning.