[2025] EWHC 2783 (Admin)

A requested person must be discharged (or else the extradition hearing adjourned) if it appears to the judge that their mental condition is such that it would be unjust or oppressive to extradited him: s. 91 of the Act.

The appellant’s case under section 91 is that he was tortured in Kuwait, resulting in post traumatic stress disorder, and that returning him to the location where he had been tortured would be unjust or oppressive. This case is therefore dependent on Mr Badie succeeding in his contention that the Judge was wrong to reject his account of torture, and wrong to find that his post traumatic stress disorder was not caused by torture. For the reasons we have given under ground 2, we have upheld the Judge’s findings in respect of these matters. It follows that the Judge was also right to reject the arguments advanced under section 91.