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The SSHD’s Order
The SSHD’s Order
The SSHD’s Order is signed by the Security Minister and states as follows:
“ORDER PURSUANT TO SECTION 179(2) OF THE EXTRADITION ACT 2003 IN RESPECT OF COMPETING CLAIMS FOR EXTRADITION
Under section 179(2) of the Extradition Act 2003, the Minister of State hereby orders that further proceedings on a warrant, dated 14 February 2024, from Portugal (being a territory designated for the purposes of Part 1 of that Act), for the arrest and extradition of Diogo Santos Coelho, should be deferred until the request dated 23 March 2022 from the United States (being a territory so designated for the purposes of Part 2 of that Act) has been disposed of” (emphasis added)
No reasons for the decision have been disclosed and nor is there any statement from the Minister or anyone else on behalf of the SSHD. Although the Order refers to “section 179(2)” and does not specify which of limbs (a)-(c) it was made pursuant to, the reference to “further proceedings” reflects the language of section 179(2)(a).
- Heading
- Mr Justice Linden
- The issues for determination
- Summary of my decision
- Outline of the key features of the statutory framework for present purposes
- The facts
- The request for the extradition of the Claimant by the USA
- The decision of the Westminster Magistrates’ Court in relation to the USA’s request for the extradition of the Claimant
- The referral of the Claimant under the National Referral Mechanism
- The Claimant’s appeal against the order for his extradition pursuant to the Request
- The Portuguese arrest warrant
- The order for the extradition of the Claimant pursuant to the Warrant and the Claimant’s second claim for judicial review
- The evidence about the SSHD’s decision on 14 March 2024
- Annex A to the Submission
- The discovery of errors as to Annex B to the Submission and other information which was before the SSHD at the time of the Decision
- The contents of Annex B, so far as is material
- The SSHD’s Order
- Attempts on behalf of the Claimant to make representations
- Ground 1: breach of the duty to act fairly?
- The Claimant’s argument
- The submissions on behalf of Portugal
- The argument on behalf of the SSHD
- The USA’s submissions
- Discussion
- Conclusion on Ground 1
- Ground 2: mistake of fact?
- The arguments of the parties
- Discussion of Ground 2
- Ground 3: failure to take into account relevant considerations
- The arguments of the parties
- Discussion
- Ground 4: breach of section 6 of the Human Rights Act 1998
- The Claimant’s argument
- Discussion and conclusion
- Ground 5: breach of Article 4 ECHR and the ECAT
- Discussion
- Section 31 (2A) of the Senior Courts Act 1981
- The Additional Point
- Discussion
- Conclusions