ECtHR, XX v. the United Kingdom, No. 62176/14, 2015
- 2015
- United Kingdom
Topics
Islamic extremism Terrorist recruitmentLegal bases
European Convention on Human RightsCourts
European Court of Human Rights (ECtHR)Laws
Torture, degrading and inhuman and treatmentFacts
The applicant is a British national and was indicted in the US as a co-conspirator in respect of a conspiracy to establish a jihad training camp in Oregon. The US has previously requested his extradition from the United Kingdom (see ECtHR, XX v. the United Kingdom, No. 17299/12, 2013). In a judgment delivered in 2013 in a previous case brought by the same applicant, the Court had held that his extradition to the US would be in violation of Article 3 of the Convention, on account of the severity of his mental illness and not as a result of the length of his possible detention there. As part of the second proceeding (No. 62174/14) the applicant requested from the ECtHR to prevent his extradition under Rule 39 of the Court, until a Chamber of judges had been given the opportunity to consider the request made. In 2014, the Chamber considered that the assurances provided by the US Government were enough to lift the measures preventing his extradition to the US. The applicant was therefore extradited to the US.
Legal grounds
Article 3 of the ECHR
Findings
The Court found that the concerns regarding likely detention conditions and the availability of appropriate medical treatment raised in its earlier judgment had been directly addressed. The assurances given by the US Government ensured that the applicant would be given treatment appropriate to his mental health needs. The Court found that it could not be said that there was a real risk that the applicant would be subjected to treatment contrary to Article 3 if extradited. The complaint was manifestly ill-founded, and the Court declared the application inadmissible.