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Zabolotnyi v. Mateszalka District Court, Hungary
Published online by Cambridge University Press: 05 March 2025
Abstract
Extradition — Hungary requesting extradition of appellant from United Kingdom — Extradition Act 2003 — Risk of ill-treatment — Prison conditions in Hungary — Diplomatic assurances — Sufficiency of assurance given by Hungarian Ministry of Justice to United Kingdom — Whether sufficient to dispel any real risk that appellant on extradition would be held in conditions violating his rights under Article 3 of European Convention on Human Rights, 1950 — Evaluation of assurances — Role of courts — Weight to be given to assurance of compliance by Hungary — Presumption that assurance could be relied upon — Whether evidence in relation to alleged breaches of assurances sufficiently cogent to rebut presumption — Fresh evidence — Whether decisive if admissible
Human rights — Prohibition of torture or inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950, Article 3 — Hungary requesting extradition of appellant from United Kingdom — Whether real risk that appellant would be subjected to ill-treatment contrary to Article 3 if extradited to Hungary — Prison conditions in Hungary — Diplomatic assurances — Sufficiency of assurance given by Hungarian Ministry of Justice to United Kingdom — Evaluation of assurances — Role of courts — Weight to be given to assurance of compliance by Hungary — Evidence — Presumption that assurance could be relied upon — Whether evidence in relation to alleged breaches of assurances sufficiently cogent to rebut presumption — Fresh evidence — Whether decisive if admissible — The law of the United Kingdom
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