Wright v Scottish Ministers (No.2)

January 30, 2009 | No Comments

The Inner House rejected a challenge based on consideration of inter alia Article 8 for the extradition to Estonia of a domiciled Scot to stand trial there on drugs related charges.  The court noted that there were both domestic and foreign aspects to the alleged interference with the petitioner’s Article 8 rights.   They considered that the Lord Ordinary had fully considered the domestic aspects of the interference, namely the potential effects on the petitioner’s health and family contact caused by extradition.  It noted that in respect of the foreign aspects of Article 8 interference  an extremely high threshold had to be overcome, and the petitioner would have to show that if extradited there would be a flagrant denial or gross violation of his rights, which he had not made out. [1]

Full report available here.

[1] See similarly Goatley (Stephen Maurice) v HM Advocate, 2008 JC 1 and La Torre (Antonio) v HM Advocate, 2008 JC 23

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.