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Published online by Cambridge University Press: 01 January 2021
Extradition — Extradition Treaty between United Kingdom and United States of America — United States seeking extradition of claimants from United Kingdom — Prison conditions claimants would face at super-maximum security detention facility in United States — Whether meeting requirements of Article 3 of European Convention on Human Rights, 1950 — European Court of Human Rights deciding extradition compatible with Article 3 of European Convention — Claimants seeking to prevent extradition — Claimants seeking review of decision of European Court of Human Rights — Individual challenges of claimants
Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Prison conditions at super-maximum security detention facility in United States — Whether incompatible with Article 3 of European Convention on Human Rights, 1950 — European Court of Human Rights deciding prison conditions compatible with Article 3 of European Convention — Whether European Court of Human Rights misunderstanding evidence about prison conditions — Whether mistaking length of time that those subject to special administrative measures could serve in solitary confinement in prison’s Special Security Unit — Whether European Court of Human Rights should have accepted claimants’ evidence on issue — Whether European Court acting unfairly in refusing to admit claimants’ evidence responding to United Kingdom Government evidence — Whether trial fair — Whether violation of Article 6 of European Convention or other fundamental principles of justice — Whether extradition of claimants by United Kingdom to United States contravening European Convention on Human Rights, 1950
Relationship of international law and municipal law — International tribunals — European Court of Human Rights’ decision — Effect in United Kingdom law — Section 2 of Human Rights Act 1998 — Whether English court having reason to depart from decision of European Court — Whether European Court erring in its decision — Whether analysis clear and cogent — Decision of Grand Chamber of European Court of Human Rights not to refer case — Relevance — Whether prison conditions incompatible with Article 3 of European Convention on Human Rights, 1950 — The law of England