Extradition to Russia refused where there is a real risk there will be a breach of the right to a fair trial

Criminal law – extradition – Russia – homicide involving the intentional causing of death to another person by stabbing – Extradition Act 1965 – s. 57 of the Criminal Justice (Terrorist Offences) Act, 2005 – Article 12 of the European Convention on Extradition 1957 – s. 7 of the Extradition (Amendment) Act 1994 – s.20 of the Extradition (European Union Conventions) Act 2001) – correspondence and minimum gravity – whether purported expert is expert in Russian law – significant ongoing problem with judicial independence in Russia – conditions of detention in the Russia Federation – Report of the UN Special Rapporteur on the Independence of Judges and Lawyers in the Russian Federation – breaches of articles 3, 5, 6, and 13 ECHR – systemic problem with conditions in prisons and places of detention in the Russian Federation that had the potential to amount to inhumane and degrading treatment – real risk that the rights of a proposed extraditee guaranteed under article 3 of the ECHR would not be respected by the requesting state – prison conditions objections dismissed – absence of any right or guarantee that the respondent could take proceedings for the purpose of challenging the lawfulness of his detention in the requesting state – concern that the respondent will not receive a fair trial before an independent and impartial judiciary in breach of Article 6 ECHR – substantial grounds exist for believing that there is a real risk that the respondent will not receive a fair trial to such an extent that he is likely to suffer a flagrant denial of justice – absence of a prima facie case tending to show that the respondent committed the offence for which the requesting state seeks his extradition for the purposes of putting him on trial – objection based upon alleged interference with the right to respect for family life, as guaranteed under Article 8 ECHR dismissed – extradition refused.