Brian Howes, Kerry Anne Shanks, Petitioners

The petitioners challenged their extradition to the United States of America to face trial in Arizona in relation to charges of conspiring to and unlawfully importing into and distributing into the United States chemicals that are used to manufacture methamphetamine.  They argued that their extradition would deprive of them of any meaningful access to their four children in the United Kingdom.  The Sheriff did not consider on the facts that their proposed extradition (which was properly based in the procedures of the domestic law of the sending state and the relevant bilateral treaty) would constitute be flagrant denial or gross violation of the parents article 8 right to family life.

Full report available here.


Art. 08 Right to Private and Family Life, Extradition Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.