Compatibility with Article 14 ECHR, read in conjunction with Article 3 ECHR
Compatibility with Article 14 ECHR, read in conjunction with Article 3 ECHR
The Applicant submits that the SDJ misdirected himself as to the applicable law concerning the compatibility of extradition with Article 14 when read with Article 3.
The Applicant's case is that he would almost certainly face confinement alone in protective custody due to his sexual orientation and effeminate demeanour, which he contends engages Article 14. It is asserted that Article 14's application does not presuppose an actual breach of Article 3, but rather that the facts fall within the ambit of Convention provisions. The Applicant argues that this matter required separate consideration from the Article 3 assessment. The SDJ's conclusion, it is argued, was that the Article 14 challenge failed solely on the basis of his findings on Article 3 protections and so was wrong in law.
- Heading
- Introduction
- Acronyms and Short Forms
- Factual Background to the alleged Offences and Extradition Request
- The Extradition Proceedings
- The United States Prison System
- The Grounds of Appeal
- The Test on Appeal
- Compatibility with Article 3 of the European Convention on Human Rights (ECHR)
- Compatibility with Article 14 ECHR, read in conjunction with Article 3 ECHR
- Real Risk of More Severe Punishment due to Nationality in CAR Prisons under section 81(b) or on the basis of sexual orientation
- Section 91 of the Extradition Act 2003 – Mental Health and Suicide Risk
- Article 3
- Article 14
- More Severe Punishment by reason of Nationality or Sexual Orientation?
- Mental Health and the Suicide Risk
- Conclusions
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