Scottish Human Rights Law Group

An individual challenged the lawfulness of his return to Estonia – following his arrest under the Extradition Act 1989 s. 8(1) -  in respect of allegation of his organising the smuggling of narcotic drugs contrary to the Estonian Penal Code. Following upon his arrest and imprisonment on remand in Scotland in the course of 2001, he was later transferred to the State Hospital where he was diagnosed as suffering from a severe adjustment disorder, which had arisen from his remand in prison, and was likely to deteriorate on his return.

He was transferred back to prison in October 2002. His mental health problems ceased in December 2002. He submitted before the Lord Ordinary, Lord Hardie, that his extradition would constitute inhuman or degrading treatment contrary to the Article 3 having regard to the real risk of a seriously adverse effect on his health and well being should be sent for trial and imprisonment on remand and after any conviction in Estonia. The Lord Ordinary examined prison conditions and medical facilities in Estonia, as disclosed in the wide range of documents listed by him. and reached the conclusion that the prison conditions at Tartu Prison were of the highest standard and indeed of a higher standard than those currently existing in certain Scottish prisons.   He gave consideration, too, to the issue of medical facilities and the arrangements which would be made for the reclaimer in the event of medical care being required and found the arrangement to be compat8ible with Article 3.  His judgment was upheld on appeal. 

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