Edward Grange
and Ben Cooper of Doughty Street Chambers secured the discharge of ‘X'
following a request for his extradition from the Republic of the Gambia.
This was the first extradition request from the Gambia. The defence
succeeded in establishing with clear and convincing evidence that
notwithstanding the presumption of good faith and the purported
existence of due process, the sheer volume of repeated concerns could
not be dismissed as isolated but widespread in the Gambia. The Judge
ruled that Articles 2 (Right to life), 3 (Right not to be tortured or
subjected to ill-treatment), 5 (Right to liberty), 6 ( Right to a fair
trial), and 8 (Right to family life) would be violated if returned. The
Judge specifically found that ‘I am driven to conclude, on the evidence
adduced, that Article 6 fair trial procedures, including judicial
impartiality and an available (competent) lawyer, free to act in the
best interests of his/her client, cannot be assured indeed that there is
a very significant risk such safeguards will not be honoured. Similarly
that (whether pre trial or if convicted post trial) detention will be
in conditions that fall foul of Article 3 ECHR.'
