India

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.

In matters of extradition, if the person sought is subject to pending proceedings for offences other than those underlying the request for surrender, and there exists a serious risk that he or she may be subjected to torture in connection with such additional charges, the Court of Appeal is required to obtain information on the nature of those further allegations. Such information must be assessed together with up-to-date data concerning the practice of torture within the prison system of the requesting State. Case concerning a request for extradition to India for drug-related offences against an individual belonging to a separatist minority, in respect of whom the Territorial Commission for the Recognition of International Protection had identified the existence of additional terrorism proceedings. In relation to those proceedings, a risk was found that the person sought would be subjected to inhuman and degrading treatment, in light of India’s failure to ratify the Convention against Torture, as well as on the basis of information reported by multiple international sources, including: a written question of the European Parliament; a Human Rights Asia report on the practice of torture in India; the Law Commission of India report of 30 October 2017; and the 2008 report of the Human Rights Committee on torture in India.