Stefan Hyman and Ben Joyes successfully defend discharge in case concerning Greek prison conditions/Article 3 ECHR

03 August 2022

Led by Mark Summers QC, Stefan Hyman and Ben Joyes, together with Florence Iveson, appeared before the Divisional Court following a CPS appeal against a decision to discharge three requested persons due to insufficient personal space in multioccupancy cells at Thessaloniki (Diavata) Prison. 

At first instance, all requested persons, who were remanded in custody, were discharged after the Greek authorities failed to answer the District Judge’s Aranyosi request within the timeframe given. This request followed an express concession some six months previously that conditions at Diavata Prison were incompliant with Article 3 ECHR. 

Four days after discharge, a document which purported to serve as an assurance was received. The CPS appealed under section 28 of the Extradition Act 2003 (“EA”). In its decision, the Court considered: (i) the ambit of judicial review versus a statutory appeal under section 26 or 28 EA where a ruling resulted in a final order, be it discharge or extradition; (ii) the standard of review when seeking to make “a collateral attack” on a case management decision which resulted in a final order; (iii) the “relevant question” upon remittal under section 29(5) EA, particularly where multiple human rights challenges are raised. 

Stefan Hyman was instructed by Fadi Daoud and Alison Fong San Pin of Lawrence & Co CDS LLP

Ben Joyes was instructed by Saeed Hafezi of Stephen Lickrish & Associates

Florence Iveson was instructed by John Howey of JFH Law