Eleanor Stephenson and Meeno Chawla successfully acted in linked extradition proceedings concerning a husband and wife, securing their discharge on Article 8 grounds.
Eleanor represented Mr S, whose extradition was sought to serve a two-year sentence for historic pimping and fraud offences dating back to 2001. Meeno represented his wife, Mrs S, who was separately sought by Poland to serve a sentence of one year and six months for fraud offences committed in 2002.
At the time of the hearing, Mr S was gravely unwell, fully bedbound with a short life expectancy, and reliant on 24-hour care provided by his wife. In support of his case, Eleanor called two medical experts who gave evidence on his condition and the risks extradition would pose. Meeno cross-examined the expert, who confirmed that Mrs S provides an exceptional level of care for her husband.
Key legal arguments in the case were:
Extradition would constitute a disproportionate interference with Mr S’s right to a private and family life on the basis that his healthcare had been carefully developed in this country over a significant period of time and he was fully reliant on the UK healthcare system, he would no longer have the benefit of his wife’s 24 hour care, his condition was deteriorating and any transfer and exposure to a new environment would pose significant risk to his life. Eleanor argued that this was indeed one of those rare cases in which the impact of extradition on family life would be exceptionally severe. Eleanor argued that this, when viewed in the context of the fact that the offences were historic offences and not of the most serious kind , would mean that any order to extradite would be incompatible with Mr S’s rights under Article 8 of the ECHR. The Judge agreed and ordered his discharge on this ground.
Meeno argued that Mrs S’s extradition would be a breach of her right to a family and private life pursuant to Article 8 ECHR. Meeno made submissions that Mrs S provides an exceptional level of care (which the expert agreed with), the delay in this case and if she were extradited this the consequences of the interference with family life will be exceptionally severe. The repercussions on her Article 8 rights are far greater due to her significant caring responsibilities. The District Judge agreed with these submissions and ordered her discharge.
Pursuant to section 25 of the EA 2003, Mr S’s physical condition is such that it would be oppressive to extradite him. Eleanor argued that the factors in this case constituted the sort of distinct and severe hardship which is required to reach the threshold for the section 25 provision. Eleanor highlighted the specific care he would require, and the risks posed to him if he did not receive this care. The Judge concluded that on the evidence before them they took the view that it would be oppressive to extradite Mr S pursuant to section 25 of the Act.
Eleanor’s client was discharged pursuant to Section 21(2) and Section 25 of the Act.
Meeno’s client was discharged under Section 21(2) of the Act.
Eleanor and Meeno were instructed by Sharad Buddhev of Cartwright King Solicitors.
Eleanor Stephenson is a barrister specialising in international criminal law and human rights. She acts in a range of Chambers’ practice areas including extradition & international law, sanctions, and public inquiries & inquests, and general crime. She is a dedicated advocate, who argues passionately on behalf of her clients and is able to clearly and persuasively put across complex legal arguments both in her written and oral advocacy.
Meeno Chawla has a busy defence practice and is regularly instructed in the Crown Court and Magistrates’ Courts dealing with a wide range of offences including drugs, fraud, robbery, domestic violence and sexual crimes. She has experience in dealing with young and vulnerable defendants in the youth courts and has completed specialist training with the Youth Justice Legal Centre.
