The extradition barristers at 5SAH have a strong national and international reputation in the areas of extradition and international law. They are at the cutting edge of this fast-paced and ever-evolving practice area.
The team and various members are ranked in the Legal 500 and members of the team are also ranked within Chambers and Partners.
The team of extradition barristers at 5 St Andrew's Hill are experts in both defending and prosecuting extradition cases. Our barristers have a strong reputation, nationally and internationally on advising a representing in extradition proceedings. We work with teams of UK solicitors and foreign extradition lawyers as well as academic and political experts to provide the best service to our clients.
Our extradition barristers deal with cases under the European Arrest Warrant (EAW) system and cases outside Europe including Westminster Magistrates’ Court, appeals to the Divisional and Administrative Courts, Supreme Court and the European Court of Human Rights.
5 St Andrews Hill is ‘a very well-respected and known extradition set that can be relied upon for counsel at short notice’.
Legal 500 2019.
- The team of extradition barristers is highly regarded by the Legal Directories with The Legal 500 ranking the team for their expertise in International Crime and Extradition.
- Individually our expertise continues to be recognised with five of our junior barristers ranked within the Legal 500 and six within Chambers and Partners for their expertise in Extradition.
With ‘a vast array of talent in the field’, the ‘well-respected’ 5 St Andrews Hill is ‘one of the go-to extradition sets.’
Legal 500 2019.
5SAH made submissions to the House of Lords Extradition Law Committee in 2015. Ben Keith and Louisa Collins made submissions on behalf Criminal Bar Association and Ben Keith gave evidence to the Committee.
Click here to make an enquiry and speak with our extradition clerking team.
5SAH's extradition barristers are often instructed in the following matters:
- Advice and representation on European Arrest Warrants (EAW).
- Advice and representation on requests from Category 2 territories and those with whom the UK has ad hoc extradition arrangements.
- Appeals against extradition and the Secretary of State for the Home Department.
- Preparation of applications to the High Court for habeas corpus and judicial review proceedings.
- Advice and representation of defendants and foreign governments in proceedings before the Supreme Court and European Court of Human Rights (ECHR) including Rule 34 and Rule 39 applications.
- Advice prior to extradition requests being made.
- Removal of INTERPOL Red Notices.
- Advice on Mutual Legal Assistance matters.
European Arrest Warrants (EAW)
Our barristers represent in cases before Westminster Magistrates’ Court, and appeals to the Divisional and Administrative Courts, Supreme Court and the European Court of Human Rights. In cases from all over the EU. Extradition Barristers are experienced in dealing with cases involving police and judicial corruption, prison conditions, torture political persecution and human rights. Offences including of Murder, Rape, terrorism, serious and complex fraud, sanctions, drug trafficking and people trafficking.
Part 2 Extradition Requests
The Extradition barristers represent individuals and states in Part 2 extradition cases. These cases are complex and high profile requiring considerable expertise. We work with lawyers in foreign states to try and find solutions for our clients and provide exceptional expertise in part 2 extradition cases. Important cases include:
- Russian Corporate raiding cases
- Ukrainian prosecutions for political purposes
- Kazakhstan political extradition
- Moldovan people trafficking and prison conditions
- Turkish extraditions prison conditions, terrorism and politics
- Turkish – representing alleged member of the PKK
- Azerbaijan, fraud, political corruption and embezzlement
- Rwandan Genocide
- USA hacking
- USA drug importation
- Kenyan extradition
- Nigerian extradition
- Albanian murder and political corruption
- Indian extradition cases of fraud and drug trafficking
- Arminian Extradition
- UAE cheque fraud, torture and corruption
- Swiss extradition for fraud and violence
- Canadian extradition
- South African extradition on theft of gold mining equipment
- Croatia war crimes
- Australian extradition for drug trafficking
- Saudi Arabia
European Court of Human Rights
Our extradition barristers frequently deal with cases before the ECHR and make applications for interim relief under Rule 39 of the ECHR rules to prevent extradition, both for clients inside and outside the UK.
Barristers also advise on cases before the UN Special Procedure Committees and especially the United Nations Committee Against Torture as well as referring matters to the Special Rapporteurs.
Mutual Legal Assistance
The extradition barristers also provide advice on Mutual Legal Assistance including European Investigation orders and can assist in strategy a representation in cross-boarder cases.
Transfer of sentenced prisoners
Barristers also have expertise in the transfer of sentences persons under international conventions and challenging those transfer before the UK and International courts.
Interpol Red Notices
Interpol Red Notices are part of the extradition process, they are the envelope that contains the extradition request, and a warning to arrest someone when passing though immigration control. Our barristers have extensive experience of working with teams of solicitors, foreign extradition lawyers and experts as well as reputation management in high profile cases.
Interpol is a police information sharing organisation without the credibility of state to state cooperation or the security of the intelligence services. There are many instances of abuse by business rivals and governments often for commercial and political motives.
Interpol’s job is to find alleged criminals by sharing information and executing extradition requests. Often, there is no proper filter of the requests. Cooperation with the likes of China, Russia, Turkey and the UAE expose the system to fundamental abuse in political corruption cases.
Russia, Ukraine, Moldova and other CIS states frequently issues Interpol Red Notices to ask for arrest and extradition of political opponents and business people, whose interests do not align with the regime.
Our Barristers have extensive experience of removing Interpol red notices and dealing with subsequent asylum and extradition proceedings.
Removing an Interpol Notice
Interpol Red Notices can be removed on a number of grounds by making submissions to the Commission of the Control of files (“CCF”) usually under the grounds that they breach INTERPOL’s Constitution and its Rules on the Process of Data. Many Red notices are not published on Interpol’s website. There are over 58,000 Interpol Red Notices and only 7,000 of them are publicly available.
INTERPOL’s Refugee Policy, prohibits the processing of Red Notices against refugees and it will not will not be allowed if (1) the status of the asylum-seeker has been confirmed; (2) the notice has been requested by the country where the individual fears persecution; and (3) the granting of the refugee status is not based on political grounds.
The Advisory Opinion of the UNHCR dated 31 March 2005 deal with the issue of confidentiality. As the report notes:
“The possible risks to the individual asylum-seeker caused by information reaching the wrong people, but also the detrimental effect of misuse of information to the asylum system as a whole are very serious in nature. Consequently, strict adherence to the fundamental principles and refugee protection is vital, and exceptions should only be allowed under well-defined and specific circumstances.”
However, removing Interpol Red Notices even when a refugee is a complex process and requires careful handling to prevent sensitive information being disclosed.
Article 3 of Interpol’s Constitution
It is strictly forbidden for Interpol to engage in any activities of a political, religious, military or racial character. It is submitted by the Requesting Party that the allegations against him were made solely due to the corporate raid on his business by the then Governor of Penza and his clan. As has been described, there is a great deal of evidence to support the political nature of the prosecution and, as a result, Interpol is required to delete any information concerning the Requesting Party under the Article 3 prohibition on engagement with activities of a political nature and the Rules for the Processing of Data.
Article 2 of Interpol’s Constitution
Under Article 2 of its Constitution, INTERPOL’s aims are:
(1) To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the “Universal Declaration of Human Rights”
There are therefore a number of human rights issues that can mean a Red Notice can be removed including:
- Right not to be discriminated against (Article 2 UN Declaration of Human Rights)
- Right to Life, Liberty and Security (Article 3 UN Declaration of Human Rights)
- Right to be protected from torture and inhumane and degrading treatment (Article 5 UN Declaration of Human Rights)
- Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. (Article 8 UN Declaration of Human Rights)
- No one shall be subjected to arbitrary arrest, detention or exile (Article 9 UN Declaration of Human Rights)
- Right to fair trial (Article 10 UN Declaration of Human Rights)
- Right to a fair hearing in accordance with the law (Article 11 UN Declaration of Human Rights).
Click here to make an enquiry and speak with our extradition clerking team.
Make an enquiry
+44 (0) 207 332 5400