Belgium

Brazil requested the extradition of the requested person from Belgium for the enforcement of a final sentence of eight years and eight months’ imprisonment for attempted homicide. The Belgian Council of State suspended the ministerial decision authorising extradition, finding serious grounds concerning both the adequacy of the decision’s reasoning on limitation of the sentence and, principally, the risk of treatment contrary to Article 3 ECHR arising from the requested person’s medical condition and access to adequate healthcare in Brazilian prisons. The Court held that the authorities had failed to take account of relevant medical evidence and to dispel doubts raised by recent, objective material concerning detention conditions and access to medical care in Brazil. Given the potential exposure of the requested person to treatment contrary to Article 3 ECHR, the Court found the urgency requirement satisfied and ordered the immediate suspension of the extradition decision.