Sat. Sep 23rd, 2023

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BERLIN — In a humiliation for post-Brexit Britain, a court docket in Germany has refused the extradition of an Albanian man to Britain over issues about jail situations.

The particulars of the case aren’t particularly noteworthy: British authorities accuse the person, who had been residing in Britain, of trafficking about 11 kilos of cocaine and laundering cash equal to $415,000.

However the German court docket’s response is uncommon.

“It can’t be assumed with ample certainty for the time being that the persecuted particular person, if extradited to the UK of Nice Britain and Northern Eire, would obtain humane detention situations there,” learn the ruling by the Karlsruhe Increased Regional Court docket.

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In a commentary, Jonathan Goldsmith, a member of the Regulation Society, the impartial skilled physique for attorneys in England and Wales, stated the ruling was “one other extreme rebuke” for the British authorities’s report on the administration of justice.

“This is a humiliation for the UK,” Goldsmith wrote. “There have been comparable court docket choices earlier than below the European Arrest Warrant framework, however in relation to member states with whose data on prisons and human rights we’d not want to evaluate ourselves.”

The identical court docket in southwest Germany refused the extradition of a Polish suspect in 2000, citing “profound doubts in regards to the future independence of the Polish judiciary.”

Within the more moderen case, the suspect benefited from an legal professional who was one thing of an knowledgeable on the state of British prisons. Jan-Carl Janssen wrote his thesis on the penal system in England, Wales and Scotland, and in court docket cited his analysis on points equivalent to persistent overcrowding, employees shortages and violence amongst inmates. He additionally stated some cells are too small, too darkish and poorly ventilated.

The German court docket requested British authorities for ensures that human rights can be revered, in accordance with worldwide regulation and the post-Brexit cooperation settlement between Britain and the European Union.

A reply from police in Manchester, England, contained no ensures however acknowledged that Britain is “delivering 20,000 further, trendy jail locations, the biggest prison-build program in a century, making certain the precise situations are in place to rehabilitate prisoners, serving to to chop crime and shield the general public.”

After the German court docket decided the extradition “inadmissible” — in a March determination that solely not too long ago gained public discover — the person was allowed to stroll free in Germany.

In the same case in June, a choose in Eire blocked the extradition of a person to Scotland on humanitarian grounds, saying that jail insurance policies and extreme overcrowding meant the person may very well be confined for 22 hours a day in lower than 10 ft of area.

Judges within the Netherlands additionally refused to ship a suspected drug smuggler again to Britain in 2019, after a court docket in Amsterdam heard how inspectors had discovered “a number of the most annoying jail situations we have now ever seen” and “situations which don’t have any place in a sophisticated nation within the twenty first century.”

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