The Extradition Proceedings
The Extradition Proceedings
The Applicant was arrested on 26 November 2020, pursuant to a provisional arrest warrant issued at Westminster Magistrates' Court on 25 November 2020. He was produced before Westminster Magistrates' Court on 27 November 2020, where bail was denied. He has remained in custody at HMP Wandsworth since that time. The extradition request was issued on 11 January 2021 and certified by the Secretary of State on 21 January 2021.
The extradition hearing before the SDJ took place over several days between 21 and 29 September 2022, with final oral submissions heard on 1 February 2023. The SDJ heard a considerable amount of expert evidence called on behalf of the Applicant. He handed down a detailed 44-page judgment on 5 June 2023, sending the case to the Secretary of State for a decision on surrender. The Secretary of State formally ordered the Applicant’s extradition on 17 July 2023, notification being given on the following day.
The Applicant lodged an application for permission to appeal with the High Court on 31 July 2023. There were then a series of applications for extensions of time to file perfected grounds of appeal. A Legal Representation Order was made for King's Counsel. On 3 May 2024, Kerr J adjourned the application for permission to appeal to a “rolled-up hearing,”. This hearing was initially listed for 12 and 13 November 2024 but was subsequently vacated.
The Applicant has been represented by a succession of solicitors and counsel. He was initially represented by Hodge Jones and Allen Solicitors, with Ms Scott as junior counsel (later replaced by Ms Iveson) and Mr Ben Cooper KC as leading counsel. The Applicant subsequently dispensed with Hodge Jones and Allen. Sonn McMillan Walker then took over his representation through to the conclusion of the Magistrates' Court proceedings and obtained legal aid for the High Court appeal. That firm came off the record on 26 September 2023 due to a breakdown in the client-solicitor relationship, as the Applicant “no longer wishes to be represented by them”.
ABV Solicitors then assumed his representation, with legal aid transferred on 17 November 2023. ABV Solicitors requested to come off the record on 4 November 2024, just before the substantive rolled up permission hearing was due to take place.
The Applicant is now represented by Karen Todner Ltd, solicitors, with legal aid granted on 11 November 2024. His current counsel are Mr Edward Fitzgerald KC and Ms Mary Westcott, neither of whom appeared before the SDJ. The Respondent observed that Mr Tahilramani is now on his “fourth set of solicitors, his fifth junior counsel and second leading counsel, all at public expense,” suggesting these changes, particularly their timing, were an attempt to frustrate the proceedings.
- 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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