On 21 June 2021 Lord Justice Dingemans and Mr Justice Johnson handed down a judgment dismissing Turkey’s appeal against District Judge Zani’s refusal to extradite a Kurdish activist. The District Judge had refused the request on the basis there would be no fair trial, the requested person would be prejudiced because of his beliefs, and he would be likely to suffer cruel and inhuman treatment because of Turkey’s policy of prolonged solitary confinement for persons they regard as “terrorists”. The High Court upheld all of DJ Zani’s decisions in an appeal that considered the practical application of the Aranyosiprinciple [when a DJ needs to adjourn and seek further assurances] and whether a requested person who has successfully resisted extradition can cross appeal.
Joel Bennathan QC acted for the successful requested person, leading Claire Stevenson, instructed by Ali Has of Morgan Has Solicitors.
Access the judgment here.