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Russell v. Fanning Russell v. Governor of Portlaoise Prison, Fanning, and the Attorney-General the State (Russell) v. District Justice Ballagh
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Political offence — Definition — Offences committed by members of paramilitary group seeking reunification of Ireland — Irish Republican Army (“IRA”) — Campaign for reunification by methods not supported by Irish State — Whether offences committed in course of this campaign political offences — Whether activities of IRA undermining Constitution of the Republic of Ireland — Whether political offence exception extends to acts liable to undermine the Constitution — Republic of Ireland Extradition Act 1965, Section 50 — Conditions of extradition — Requirement that requesting State bring accused before judicial authority — Whether definition of judicial authority governed by law of requesting State
Human rights — Enforcement by national courts — Extradition request — Allegation that accused would be subjected to torture, inhuman or degrading treatment if extradited — Whether allegation supported by evidence — Whether extradition would be ordered if allegations found to be substantiated — Burden of proof — The law of Ireland
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- © Cambridge University Press 1989