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Extradition to United States upheld despite war-related circumstances and claims of unfair trial
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The Court of Appeal dismissed an appeal from the High Court and upheld an order to extradite an individual, a Ukrainian national and lawyer, to the United States to face conspiracy charges relating to the use of ransomware against a government entity and businesses in Tennessee. The appellant, who had obtained temporary protection in Ireland after fleeing war in Ukraine, argued that his extradition would breach his rights to a fair trial and family life, and expose him to risk of refoulement. The Court found that there was insufficient evidence to demonstrate a risk of an unfair trial, disproportionate interference with family life, or a real risk of refoulement. The appellant's objections, including difficulties obtaining evidence due to the war in Ukraine and separation from his family, were rejected as not exceptional or substantiated, and the presumption that the requesting state would uphold fundamental rights was maintained.
extradition – fair trial rights – family life rights – temporary protection – refoulement – Ukraine – United States – ransomware – conspiracy charges – Article 8 ECHR – Article 41 of the Constitution – Article 6 ECHR – International Protection Act 2015 – Extradition Act 1965 – section 29 of Extradition Act – presumption of fundamental rights – appeal dismissed – prima facie case
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