Article 3 ECHR and Extraditions to Russia and Turkey
Produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters
Article 3 ECHR and Extraditions to Russia and Turkey

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

  • Article 3 ECHR and Extraditions to Russia and Turkey
  • The effect of Article 3
  • Extradition to the Russian Federation and Article 3
  • Prison conditions in the Russian Federation
  • Deaths in custody in Russia—Sergei Magnitsky
  • Extradition to Turkey and Article 3
  • Article 3 and assurances given by authorities
  • To what extent can previous decisions inform a new extradition enquiry?

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, Extradition post-Brexit and The impact of Brexit on the European Arrest Warrant (EAW).

The effect of Article 3

Under section 87 of the Extradition Act 2003 (EA 2003), the court must discharge a person subject to an extradition request if it decides that extradition would be incompatible with the European Convention on Human Rights (ECHR) within the meaning of the Human Rights Act 1998.

Article 3 of the ECHR prohibits torture and inhuman and degrading treatment or punishment. It is unlawful for the

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