Landmark Victory in Extradition Case on Turkish Prison Conditions

Sonn Macmillan Walker is pleased to announce a significant victory in the landmark extradition case concerning our client, which has set a precedent on the issue of prison conditions in Türkiye. This case, along with two others, has been recognized as a lead case on the matter, highlighting the critical human rights concerns associated with extradition to Türkiye.

On October 5, 2023, the District Judge discharged our client, concluding that the extradition was barred on the grounds that the conduct set out in the request was not an "extradition offence" and that there was a real risk of a breach of Article 3 ECHR if extradited. The CPS lodged an appeal against this decision on October 18, 2023. The High Court upheld the order for our client's discharge, dismissing the appeal.

Our client was subject to an extradition request by Türkiye. The case involved complex legal issues, including dual criminality and potential breaches of Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and inhuman or degrading treatment or punishment. The case raised intricate legal questions regarding the interaction of sections 78 and 138 of the Extradition Act 2003 with domestic case law, determining whether the conduct alleged would constitute an offence in England.

The appeal also presented substantial evidence that our client would face a real risk of inhuman or degrading treatment if extradited to Türkiye. Expert reports highlighted the severe overcrowding in Turkish prisons, which would result in limited personal space and inhumane conditions. The assurance provided by Türkiye, commonly referred to as the Yalvac assurance, was deemed unreliable due to Türkiye’s history of breaching such assurances. Evidence obtained as a result of extensive investigations by our firm showed that Türkiye had breached 80% of the assurances it had previously provided, further undermining the reliability of the Yalvac assurance.

The Court found that the offence for which our client was requested was not an extraditable offence within the meaning of the Extradition Act 2003 and upheld the order for our client’s discharge. Furthermore, the Court held there was a real risk that our client would be placed in significantly overcrowded prisons, resulting in inhuman or degrading treatment. The Yalvac assurance could not be relied upon due to Türkiye’s history of breaching such assurances. The Court has since requested that Türkiye provide a further assurance which addresses the concerns of the Court.  

This case sets a crucial precedent for future extradition cases involving Türkiye, emphasizing the importance of human rights considerations in extradition proceedings.

Sonn Macmillan Walker acted throughout both sets of proceedings. Katy Smart was the solicitor with conduct of this case. Ahlam Omar assisted on this matter. Instructed counsel for our client was Saoirse Townshend of Temple Garden Chambers led by Edward Fitzgerald KC of Doughty Street Chambers.

View the full judgment here.