Cyprus Extradition Discharged

The extradition of our client was requested by the Government of Cyprus for alleged for fraud/money laundering offences pursuant to a European arrest warrant.

The case against him was that €63,000 was diverted from a business transaction between Cypriot and German businesses into IM’s personal UK bank account. Our client was arrested on 15 September 2022 and was remanded into custody and subsequently granted bail.  

Extradition was resisted on a number of grounds as follows:

• S.2(4)(c) Extradition Act 2003 - insufficient particularisation
• S.10/s.64 of the Act - dual criminality
• S.12A - decision to charge or try
• S.19B – forum
• S.21A - Article 3 ECHR
• S.21A - Article 8 ECHR

Given the complexities and challenges, instructed solicitors applied and were granted assigned counsel in the case.  The intricate factual and legal matrix required detail consideration and the instructions of a Cypriot prisons expert to report on the potential Article 3 breaches in Cyrus’s prisons.  The issues raised by the expert were ultimately the grounds the extradition was refused.

IM was discharged following extradition hearing. The extradition was incompatible with his Article 3 ECHR rights given the breaches in the Cypriot prisons, including overpopulation, breaches of international standards and risks to his personal safety. The extradition was discharged on 3 March 2023. 

Marlon Grossman was the solicitor with conduct of this case.