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Media Statement - Lauri Love Is Discharged On United States Extradition Request Following Appeal
Kaim Todner Solicitors are delighted with today’s judgment in which the High Court has agreed with our argument that extradition would be oppressive in the case of Lauri Love.
This has been a landmark judgment, not just because it is the first time that the Forum Bar has successfully been argued, but also because it is a very rare occasion on which the English Courts have discharged a Requested Person on a United States extradition request.
What is particularly important about this case is that the British Justice System has taken the stance that we should deal with the matter ourselves, rather than accept the US government’s demands. It has also been recognised that mental health provisions in US prisons are not adequate to satisfy us that Lauri would not have come to serious harm if he were extradited.
The Forum Bar to extradition was brought in in 2013 by then Home Secretary Theresa May. It acts as a bar to extradition in cases where a substantial part of the alleged criminal conduct occurred in the Requested State (in this case England) and it would not be in the interests of justice for extradition to place. The Court takes into consideration the logistics of a trial, the rights of the alleged victims and also the human rights of the Requested Person, amongst other considerations.
In this instance, the Court was very sympathetic to our argument that there was no real reason that a trial could not take place in England, and that the effects on Lauri’s mental and physical health would render extradition highly oppressive. This deterioration in health was likely to have meant that he would not have been fit to stand trial and that, therefore, extradition would not have been in anyone’s interests, least of all those of the alleged victims.
Kaim Todner Specialist Extradition Department
Monday, February 5, 2018