The ‘Colectivo’ Issue
94. Having considered the evidence in its totality, we highlight certain of its features only. We draw attention particularly to the evidence pertaining to the “ Colectivo de Refugiados ” (the “Colectivo”). There is clear evidence that the Appellant interacted with this organisation following his release from prison and, in this way, secured forged travel documents to facilitate his entry to the United Kingdom and benefited from accommodation here, shared with another ETA beneficiary of the Colectivo’s services, LS: see [10] – [19] supra . There is expert evidence that the Colectivo is a peaceful organisation which operates openly in France where it is not proscribed. It exists to provide solidarity and support to released ETA prisoners. 95. In this context, it is convenient to address the topic of the Appellant’s association with LS and the London accommodation. The evidence indicates that LS was already accommodated in the relevant premises upon the Appellant’s arrival. It cannot be gainsaid that the two men associated with each other thereafter, until the Appellant’s arrest. However, there is no primary evidence that the Appellant was harbouring LS or obstructed justice on this front. Nor can this be properly inferred from any primary evidence. This analysis is fortified by the contents of the EAW: see [15] – [16] above. While there is mention of LS in the text, there is no allegation that the Appellant was instrumental in harbouring him. Indeed, au contraire, it is asserted that LS “ lodged ” the Appellant in London.
- PART 1
- Introduction
- The Statutory Framework
- The Secretary of State’s Decision
- organised crime
- The European Arrest Warrant
- current
- Del Rio Prada v Spain
- Spanish Judicial Authority v Arranz (No 3)
- The Appellant’s Witness Statements
- The Operative Extradition Decision
- itself
- The Principal Grounds of Appeal
- deduced
- The Burden of Proof Issue
- Insofar as the appeal relies upon the 2006 Regulations, the burden is also on the Appellant, the standard being the balance of probabilities
- this
- might
- Other Grounds of Appeal
- (i) Misunderstanding The Evidence
- E v Secretary of State for the Home Department; R v Secretary of State for the Home Department
- E & R
- (ii) Misunderstanding the Second Divisional Court’s Decision
- Paragraph 27
- Paragraph 28
- Paragraph 60
- Kandola
- Spanish Judicial Authority v Arranz
- Vanda Puceviciene
- persecution
- (iv) The Article 6 ECHR Issue
- R (EM Eritrea) v SSHD
- flagrant breach
- R (Ullah) v SSHD
- Conclusion
- PART 2
- The Evidence of Professor Silke
- The Battle Lines Drawn
- in itself
- General
- JS (Sudan)
- The ‘Colectivo’ Issue
- Risk of Reoffending
- The Appellant’s Terrorist Criminality and ETA
- from this perspective,
- Del Rio Prada
- could
- The Reluctant Witness
- Marchon v Immigration Appeal Tribunal
- Nazli
- Ex parte Marchon
- Bouchereau
- Omnibus Conclusion
