Eleanor Stephenson successfully acted in extradition proceedings concerning a Romanian national sought to serve a sentence of 10 years and 8 months, securing his discharge pursuant to section 20 of the Extradition Act 2003.
Eleanor represented Mr P whose extradition was sought to serve a sentence in respect of murder and tax evasion offences.
The key legal argument was that Mr P had been convicted by a Romanian court in his absence in gross violation of his Article 6 rights under the ECHR. Mr P was completely unaware of appeal proceedings filed on his behalf and unaware that the proceedings were continuing without him. He had not received any notifications of hearings.
In these circumstances, and under UK law, the requested person must have an automatic entitlement to a retrial in the requesting state. The JA could not prove that Mr P had this right. On that basis he should be discharged.
Two trials had taken place in Romania: a trial at first instance and subsequent appeal proceedings. Eleanor argued that the relevant proceedings for determining the question of whether Mr P was "deliberately absent" from trial were the appeal proceedings because there had been a full re-examination of the case, in fact and in law.
Eleanor called a Romanian legal expert who gave evidence that Mr P had not been warned by the Romanian authorities that proceedings could continue in his absence and that he had not been properly summoned to attend the hearings at appeal. On that basis, Eleanor argued, as per Bertino v Italy 2024, that the JA could not prove that Mr P had waived his right to attend “in a knowing and intelligent way” and therefore the court could not find that he was deliberately absent for the purposes of section 20. It was irrelevant whether the court considered Mr P a fugitive (which it ultimately did). The Court agreed.
The expert also gave evidence that although Mr P may have some recourse to challenge his conviction in Romania, there was no automatic entitlement to a retrial, and that he would instead have to apply for one. Eleanor argued this did not constitute an entitlement to a retrial within the meaning of section 20(5). The court agreed and ordered his discharge on this ground.
Eleanor’s client was discharged under section 20 (7). The JA has appealed.
Eleanor was instructed by Ahlam Omar and Katy Smart at Sonn Macmillan Walker.
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.
