Surrender refused where deliberate absence was not established and retrial rights depended on a further judicial determination

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🇬🇧 Summary

Greece sought the surrender of a married couple to serve sentences imposed in their absence for grievous bodily harm with intent and assisting the offender. The Court held that the issuing judicial authority had not proved that the requested persons deliberately absented themselves from trial, since there was insufficient evidence that they knew of the scheduled proceedings or had unequivocally waived their right to attend. Their possibility of obtaining a retrial was also insufficient under section 20 of the Extradition Act 2003 because it depended on the Greek court first determining that specified procedural conditions, a breach of procedural rules or force majeure had been established. The Court additionally found that assurances concerning their detention could not be relied upon in light of two significant previous breaches and that surrender would therefore expose them to a real risk of treatment contrary to Article 3 ECHR; both requested persons were discharged.

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