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Extradition to US granted despite concerns of inhuman and degrading treatment
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High Court makes order for extradition to US on sexual offences, despite objections that: i) the respondent would be at risk of inhuman and degrading treatment in the United States prison system; ii) that his detention would be form of preventative detention that would be prohibited under the Irish Constitution; iii) being registered as a sex offender would imperil his rights under the European Convention of Human Rights; and iv) the respondent could be subjected to chemical castration.
Extradition to United States – counts of lewd and lascivious molestation in violation of Section 800.04(5)(b) & 800.04(5)(c)(2) of the Florida Statutes – Part II of the Extradition Act 1965, as amended – Extradition Act 1965 (Application of Part II) Order, 2000 (S.I. No. 474 of 2000) – Extradition Act 1965 (Application of Part II) (Amendment) Order 2010 (S.I. No. 45 of 2010) – correspondence and minimum gravity – respondent subjected and exposed to unnecessary risk and overcrowding in US prisons – indefinite post-sentence incarceration on foot of the “Jimmy Ryce Law” – rule of specialty – chemical castration – Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act, ch. 98-64, 1998 Fla. Laws 445 (codified at F.S. §§ 394.910 through 394.931) – sex offender registration – onus rests on such respondent to demonstrate that there is a real risk to his health or life if so surrendered – ex post facto – double jeopardy – court makes order extraditing respondent pursuant to s. 29(1) of the Act of 1965 as amended.
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