Article 3 ECHR and extradition to EAW Member States
Produced in partnership with Jazvinder Nakhwal and Celia Marr of Peters & Peters
Article 3 ECHR and extradition to EAW Member States

The following Corporate Crime practice note produced in partnership with Jazvinder Nakhwal and Celia Marr of Peters & Peters provides comprehensive and up to date legal information covering:

  • Article 3 ECHR and extradition to EAW Member States
  • Badre—dual criminality test
  • Article 3 submission based on prison conditions
  • What is the effect of Article 3?
  • How does the court assess assurances that the risk of ill treatment will not become reality?
  • Impact of the conclusions in Badre and Marku
  • The decision in Elashmawy
  • Breach of assurances—Kirchanov v Bulgaria

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Notes: Brexit—introduction to the Withdrawal Agreement and European Arrest Warrant [Archived]—The impact of Brexit on the European Arrest Warrant (EAW).

Badre—dual criminality test

In Badre, the appellant was appealing the decision of City of Westminster Magistrates' Court to extradite him to Italy. He operated a payment services business through a company, SE, enabling the transmission or payment of funds from a payer in one country to a recipient in another country. SE had its headquarters in London. The respondent Italian judicial authority issued a European arrest warrant in

Popular documents