Extradition to Romania banned

11 August 2016

Peter Caldwell represented Mr Daniel Rusu in his challenge against Romania's request for his extradition. In a watershed judgment the Court held that extradition to Romania must now be refused on the grounds that prisons are so overcrowded that there is a risk of cruel, inhuman and degrading treatment that would breach Article 3 of the European Convention on Human Rights.  

Over the last 18 months Romania has provided a written assurance to the UK authorities that it would provide compliant prison conditions, but the defence called evidence from people previously extradited to Romania which established that they had in fact been detained in appalling conditions.  The Court found that the breach of the assurance had only come to light as a result of the defence investigations and that Romania cannot at this time ensure compliance with the assurance previously given to the High Court.  The decision is likely to be of general application in other Romanian extradition requests.