Extradition to India refused due to risk of inhuman or degrading treatment and insufficient diplomatic assurances (Bhandari case)

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🇬🇧 Summary

The High Court of England and Wales allowed the appeal against an extradition order to India in relation to financial offences, finding that surrender would expose the requested person to a real risk of inhuman or degrading treatment. The Court relied on detailed evidence concerning detention conditions and the use of coercion by investigative authorities, concluding that the diplomatic assurances provided were insufficient to mitigate that risk. The Court further held that the applicant would face a real risk of a flagrant denial of justice, in light of procedural features of the criminal system, including provisions capable of reversing the burden of proof. On this basis, extradition was barred under Articles 3 and 6 ECHR, and the appellant was discharged.

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