Sadushi v The Government of Albania
2014
ADMINISTRATIVE COURT
UK
CORAM
- LORD JUSTICE LAWS
- MR JUSTICE CRANSTON
Areas of Law
- Extradition Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Bardoshi's appeal against extradition to Albania was denied based on the determination that he would get a fair trial and that judicial corruption, if present, was not systemic. The court found no violation of his rights under the ECHR and confirmed that he had guarantees of a fair retrial.
Judgment
LORD JUSTICE LAWS :
This is the judgment of the court to which we have both contributed.
There are two appeals before the court. The appellant in one, Sadushi , has died and it is accepted that his appeal should be formally be dismissed. We will make that order.
Bardoshi’s appeal is brought under s.103 of the Extradition Act 2003 ( the 2003 Act ) against the decision of District Judge Grant in the Westminster Magistrates Court on 1 March 2013, to send the appellant’s case to the Secretary of State for her to decide whether he should be extradited to his native Albania. The Secretary of State ordered his extradition on 28 April 2013.
On 8 March 2000, at the Durres District Court in Albania, the appellant was convicted of premeditated murder and possession of firearms. His conviction was upheld by the Appellate Court of Durres on 17 May 2000, and by the Albanian High Court on 20 November 2000. He was originally sentenced to 16 years in imprisonment, but that was increased to 18 years. All the Albanian proceedings were conducted in the absence of the appellant who was represented by a court-appointed lawyer. The prosecution case was that together with a co-accused he had murdered a man in a public bar, following a dispute about the victim’s girlfriend. The crime took place in 1997.
Extradition between the United Kingdom and Albania is governed by Part 2 of the 2003 Act and the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 . The Order designates Albania, for the purposes of ss.71(4), 73(5), 84(7) and 86(7) of the Act, as a territory which does not have to furnish evidence of a prima facie case.
The appellant entered this country illegally. Following an extradition request from Albania a warrant was issued and the appellant was arrested at his home address in the United Kingdom on 24 September 2012 and remanded in custody. At length he was brought before District Judge Grant at the Westminster Magistrates Court for the extradition hearing, as required by the 2003 Act . The proceedings occupied one day on 21 February 2013. The judge heard oral evidence from the appellant, his partner Ms Almegro and an expert called on his behalf, Antonia Young. She was an anthropologist with particular knowledge of northern Albania.
The District Judge found that the documentary formalities required by the statute were all in order. He proceeded to deal with issues raised by the appellant under the Human Rights Convention: Article 2 (danger