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Stefan Hyman & Ben Joyes secure discharge In Greek prisons case


On 22 November 2021, three requested persons were discharged from extradition proceedings at Westminster Magistrates’ Court after the Greek authorities failed to provide the necessary guarantees on detention conditions. 

During proceedings, the requested persons produced evidence from a prison expert which showed that Diavata (Thessaloniki) Prison is substantially overcrowded. Detainees are routinely housed in cells which afford them fewer than three metres squared of personal space. This falls foul of the guidance that the European Court of Human Rights gave in the leading case of Muršić. In further information, the Greek authorities accepted that Diavata Prison is operating above capacity. Despite being given time to provide an assurance, the Greek authorities were unable to do so. The district judge found that the extradition of each requested person would occasion a real-risk of inhuman and degrading treatment (Art. 3 ECHR) and thus discharged them from extradition proceedings.

The requested persons were represented by Stefan Hyman and Ben Joyes of 9BR Chambers, instructed by Lawrence and Co and Stephen Lickerish & Associates respectively, and Florence Iveson of Matrix, instructed by JFH Law.