Voci v Government of the Republic of Albania
2014
ADMINISTRATIVE COURT
UK
CORAM
- LORD JUSTICE BEATSON
- MR JUSTICE CRANSTON
Areas of Law
- Immigration Law
- Extradition Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The appellant's extradition to Albania was requested for a life sentence for a murder committed in 1997. He claimed asylum in the UK in 2011, arguing that he was a target of a blood feud and would face ill treatment or death in Albanian prison. The District Judge rejected these claims and ordered extradition. On appeal, the High Court upheld the decision, finding insufficient evidence of a blood feud or risk of ill treatment in Albanian prison, and dismissed the appeal.
J U D G M E N T
MR JUSTICE CRANSTON:
Introduction
This is an appeal against the decision of District Judge Evans in the Westminster Magistrates' Court in August 2013, to send the appellant's case to the Secretary of State under section 87(3) of the Extradition Act 2003 (" the 2003 Act "). The government of the Republic of Albania had sought the extradition of the appellant to serve a sentence of life imprisonment for an offence of murder. The District Judge rejected the appellant's arguments that his extradition should be barred on a number grounds. Some of these have been abandoned as grounds of appeal in the light of the decision of this court in Bardoshi Sadushi v Albania [2014] EWHC 2756 (Admin) . That test case also explains the delay in the hearing of this case, delay which will become apparent in a moment.
Before us the grounds of appeal are that the District Judge was in error deciding (i) the appellant was not a target of an active blood feud and (ii) there were no sufficient grounds for believing that he would face a real risk of ill treatment or death in prison in Albania.
The extradition request
The background is this. The Albanian request of 18th October 2012 from the General Prosecutors Office states that in February 1997 the appellant was employed as a storekeeper for the Albanian Intelligence Agency, the National Informative Service ("SHIK"). On 10th February he was travelling in a Mercedes van driven by somebody else. At approximately 3.30 pm they encountered the victim, Astrid Cela, who was travelling in an Audi in the direction of Tiriana. The driver of the Mercedes forced the victim's Audi to move to a ditch at the edge of the road by improperly overtaking another vehicle. The victim turned his car around and followed the Mercedes until it stopped near a village, Tapia. As he passed the Mercedes the victim complained but the driver gestured in an insulting way.
After both vehicles stopped the victim alighted his vehicle carrying a pistol with the muzzle down and approached the Mercedes, identifying himself as a police officer. As the drivers were talking the appellant got out of the Mercedes with an automatic sub-machine gun, which he held legally as part of his job, and shot the victim causing his immediate death.
The appellant's account is that he saw that both drivers made indecent gestures at each other but that the victim waved a pistol before both vehicles stopped and when he got out of the car the victim had his pistol