Extradition

Corker Binning has a long history of successful involvement in high profile and complex extradition cases.

We have represented individuals whose extradition has been requested by a wide range of countries, including Russia, Hong Kong, Singapore, Thailand, the USA, Canada, South Africa, Australia, New Zealand, Israel, India, Sri Lanka, Switzerland, most EU countries, the UAE (including Dubai and Abu Dhabi), as well as the Channel Islands, Gibraltar and the Isle of Man. The offences alleged by these states have ranged from fraud and corruption to drugs trafficking and robbery.

This experience has given us a deep practical knowledge of the defences deployed to contest extradition proceedings, including the passage of time, double jeopardy and abuse of process. We have particular expertise in constructing human rights defences to extradition based upon the risks of human rights violations in the requesting state, including torture, arbitrary detention or an unfair trial. In Lodhi v Secretary of State for the Home Department, we successfully challenged the first extradition request made by the UAE by arguing that our client would suffer inhuman treatment if extradited to Dubai contrary to Article 3 of the European Convention on Human Rights.

We have developed an expertise in extradition cases arising from politically motivated prosecutions. We have acted for numerous individuals whose extradition has been requested or threatened by Russia and other former Soviet states, including a number of prosecutions linked to the Yukos oil company and the Russian shipping industry. In these and many other cases, we have gathered expert evidence from human rights NGOs and academics, government officials, journalists and others who have personal experience of the particular criminal justice system in order to argue that the defendant is being punished on account of his political opinions.

Most extradition requests heard in the UK's courts originate from EU countries which have issued an European Arrest Warrant (EAW). Although EAWs are notoriously difficult to defeat, we recently successfully challenged the validity of a French EAW which alleged that our client had committed various fraud offences. The EAW was discharged by the magistrates court and our client was awarded his costs in full.

An essential part of an effective defence strategy to any extradition request is working with local lawyers in the requesting state. They can provide invaluable information about their country's criminal justice system or the particular criminal proceedings which may support a defence to extradition in the UK's courts. Equally importantly, they may be able to improve an individual's position by negotiating a discontinuance of the proceedings, a reduction of the charges or sentence, or release on bail if the individual is extradited. This contact with local lawyers is particularly important in EAW cases and requests made by the USA, where plea bargaining with the Department of Justice (DOJ) is common. We are in touch with a network of trusted criminal lawyers around the world who can advise on these matters.

Many individuals come to us because they are concerned about the risks associated with a potential extradition request. In conjunction with local lawyers, we are able to advise them on how best to anticipate and mitigate these risks and, if they remain in the UK, on how best to secure their position in terms of being released on bail. We also advise individuals who need advice on how to manage their reputation and ability to travel after they have defeated an extradition request. For example, we are currently representing individuals seeking to remove their names from Interpol's Red List. We have persuaded World Check to remove a client's name from its database.

Our experience in extradition cases means that we have advised foreign governments seeking the extradition of individuals located in the UK. We have advised these governments on how their requests should be drafted and the likely course of the proceedings in the UK courts. Our experience also means that we have been instructed by individuals contesting extradition proceedings outside the UK but who wish to rely upon our wider expertise in gathering evidence which will support a human rights or political defence to the proceedings.

Recent examples of extradition work include advising:

• a Russian national contesting extradition proceedings in Cyprus
• a former Soviet state on the likely chances of success of seeking the extradition of an individual located in the UK
• the former Prime Minister of Thailand Thaksin Shinawatra
• a US national contesting extradition proceedings brought by the USA arising from an alleged US$60m share ramping fraud in the state of Nevada
• a range of individuals about the extradition risks associated with prosecutions in Dubai and Abu Dhabi
• a high profile political figure concerning charges of banking fraud and embezzlement brought in the Indian sub-continent.

For more information about Corker Binning's expertise in this area, visit export controls, trade controls and sanctions, corruption & bribery, and mutual legal assistance or ring us on 0207 353 6000 to find out how we can help you.