The First Section of the European Court of Human Rights gave judgment in the case, involving a request for extradition by the United States of America to Sweden. Mr Balahan is requested for extradition to face trial on serious allegations that engage the Californian Three Strikes Law which will result in Mr Balahan receiving a prison sentence for life with a minimum term of 61 years in custody before parole can be considered.
The First Section refused the appeal by a majority of 6 to 1 on the basis that there was no real risk of Mr Balahan receiving a life sentence. However, Judge Wojtyczek found in favour of the Applicant.
An appeal has been made to the Grand Chamber under Rule 73 of the Rules of Court as there is a serious Question for the Grand Chamber to consider on the burden and standard of proof in extradition cases.
The application for permission will be considered by a panel of judges to consider whether permission to appeal should be granted.
This is the first case post Sanchez-Sanchez v. the United Kingdom ([GC], no. 22854/20 in which the court have had to consider a de facto life without parole sentence.
Ben Keith represents Mr Balahan instructed by Roger Sahota of Berkeley Square Solicitors. They also represented the Appellant in the case of Sanchez-Sanchez v. the United Kingdom ([GC], no. 22854/20 before the Grand Chamber.
Ben Keith is a leading barrister specialising in cross-border and international cases. He deals with all aspects of Extradition, Human Rights, Mutual Legal Assistance, Interpol, Financial crime and International Law including sanctions. He represents governments, political and military leaders, High Net Worth individuals, human rights defenders and business leaders in the most sensitive cases.
He has extensive experience of appellate proceedings before the Administrative and Divisional Courts, Civil and Criminal Divisions of the Court of Appeal as well as applications and appeals to the European Court of Human Rights (ECHR) and United Nations. Ben is recognised in Chambers and Partners and The Legal 500.