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La Torre (Antonio) v HM Advocate 2008 JC 23
January 1, 2009 | No CommentsThe Italian Ministry of Justice sought the extradition of the accused, who had been convicted of being involved in the commission of organised crime in Italy. His extradition to Italy was ordered by the Scottish Ministers following a hearing before a sheriff. In his appeal against the decision to the High Court of Justiciary it was argued, inter alia, that the fact that the accused had, unlike persons whose cases originated in non-Scottish parts of the United Kingdom, mo further right of appeal to the House of Lords constituted unlawful discrimination contrary to Article 14 (when read together with Article 5, Article 6 and/or Article 8). This argument was dismissed.
Link to Bailii for full report.
Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Asylum & Immigration Law, Discrimination Law
