Karlsruhe Court Declines Extradition of Albanian Individual Citing Concerns About the British Prison System.
German Court’s Decision.
A court in Germany has declined the UK’s request to extradite an individual implicated in drug trafficking, citing worries about the state of British prisons. This unprecedented decision is perceived as a significant critique of the UK’s prison conditions, drawing comments that label it “a major blow” and “a source of UK embarrassment” from a representative of the Law Society.
The Accused:
The individual, an Albanian national who resided in the UK, allegedly trafficked around 5kg of cocaine and laundered approximately £330,000. Following these accusations, the Westminster magistrates court initiated an international arrest warrant, commonly known as an Interpol red notice, requesting his extradition to the UK. The man had journeyed to Germany due to his fiancee’s severe illness.
Karlsruhe’s Stand:
The high regional court of Karlsruhe in south-west Germany has recently declined the UK’s extradition request for an Albanian man, citing apprehensions about the state of British prisons. This revelation has just been made public.
Inside the Court’s Verdict:
An interpretation of the court’s verdict stated the extradition was “currently inadmissible” without guarantees from the UK about its prison conditions, citing concerns in alignment with the European convention on human rights. The man’s defence lawyer, Jan-Carl Janssen, who had studied the state of UK prisons, presented findings regarding overcrowding, understaffing, and inmate violence in British prisons.
Jan-Carl Janssen’s Defence:
The court, in turn, reached out to UK authorities twice seeking assurances regarding prison conditions and specifics on the detention conditions for the Albanian individual. Although a police station in Manchester addressed concerns about overcrowding, noting plans for 20,000 additional prison spots, the second inquiry remained unanswered by the UK.
UK’s Response:
This occurrence, where concerns over prison conditions led to extradition refusal, is unprecedented concerning the UK.
Historical Precedence:
Given that the UK has exited the EU, European arrest warrant protocols don’t apply. As per the 2020 EU-UK trade and cooperation agreement, extradition can be contingent upon certain conditions, especially when there’s a perceived threat to the fundamental rights of the involved person.
Post-Brexit Legal Landscape:
Jonathan Goldsmith, from the Law Society, mentioned that this case was indicative of mounting concerns over the UK’s handling of justice and its comparative stance on prison and human rights standards.
Law Society’s Perspective
As the German court didn’t receive the requested assurances from the UK, the Albanian man, who isn’t sought for any offences in Germany, won’t be extradited and has been released.
Ministry of Justice’s Stance
In response, a Ministry of Justice representative emphasized the UK’s commitment to ensuring safe and secure prisons, highlighting efforts to create 20,000 additional prison spaces and investing £100m in security enhancements.
