Extradition to Japan: assurances sufficient to address human rights risks and prima facie case established

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🇬🇧 Summary

The case concerned appeals by Japan against the discharge of two requested persons whose extradition was sought for prosecution for an alleged robbery in Tokyo. The first-instance judge had found, in one case, that there was no prima facie case and, in both cases, that extradition would be incompatible with Articles 3, 4, 5 and 6 ECHR because of risks arising from Japanese detention conditions, interrogation practices, access to lawyers, compulsory prison labour and the absence of bail during the pre-indictment period. The Divisional Court held that there was sufficient admissible evidence to establish a prima facie case against the first requested person and that the detailed assurances provided by Japan in March 2024, supplemented by further assurances in October 2024, were sufficient in practice to remove the risks identified under Articles 3 and 6 ECHR. It also held that compulsory prison work in Japan fell within work required in the ordinary course of detention under Article 4(3)(a) ECHR, and that the alleged Article 5 issue did not amount to a flagrant breach in the extradition context. The appeals were therefore allowed and the discharge orders were set aside.

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