Extradition refused to Portugal
Our client, P, was arrested on a European Arrest Warrant (EAW) issued by Portugal to be extradited to serve an outstanding sentence of 2 years and 3 months, for various theft offences.
At the initial extradition hearing we raised concerns about the validity of the EAW and by the date of the final hearing the prosecution was still unable to provide any further information from the Judicial Authority in Portugal to provide clarity about the offences. The prosecution conceded the challenge we raised and P was discharged.
We had also raised a challenge under Article 3 of the ECHR, based on the state of prisons within Portugal. Due to the problems with the EAW this was not argued at a full hearing in this case but remains a live issue to be address in another Portuguese case that we are currently instructed in. This will be something to look out for and if you are facing extradition proceedings to Portugal or have experienced time in a Portuguese prison recently we would be very interested to hear from you.
Chris Stevens represented P and Ben Seifert of Drystone Chambers was his barrister.