Jonathan Swain, of 9BR Chambers’ Extradition & Interpol team, successfully appealed against an order for the extradition of a 30-year-old woman to Romania on Article 8 grounds. The Romanian court sought her surrender to serve a custodial sentence of 2 years, 2 months and 10 days for one offence of aggravated theft and four shop thefts committed between 2016 and 2019.
Shortly before the extradition hearing, the requested person had begun to disclose a complex history of physical and sexual abuse. The District Judge refused to adjourn the extradition hearing to obtain further evidence.
At the permission stage, Jonathan persuaded Foster J to allow expert evidence to be obtained about the impact of the requested person’s previous trauma. A detailed medical report, coupled with evidence from the client and her partner were obtained.
The expert medical report detailed a PTSD diagnosis with secondary severe depression and anxiety, significant functional impairment, that she had total reliance on her UK partner, and concluded that there was a moderate suicide risk if extradited. Soole J held that being returned to a Romanian prison would expose her to a trauma-inducing environment which would prevent effective therapy.
In light of this fresh evidence, Soole J held that extradition would be a disproportionate interference with her Article 8 rights and allowed the appeal.
Jonathan was instructed by Frank Brazell of Sperrin Law. Aisha Parmenter assisted with exceptional support of the requested person, who was clearly very vulnerable.
