Miguel Antonio Da Cruz & Anor v Portugal
[2024] EWHC 417 (Admin)
Alberto Queba Braganca Cassama v Tribunal Judicial da Comarca de Lisboa Norte, Portugal
6 November 2024
[2024] EWHC 2811 (Admin)
High Court
A man was ordered to be sent back to Portugal to serve a prison sentence. He appealed, arguing that one of the crimes wasn't a crime in the UK, and that prison conditions in Portugal are bad. The court agreed about the crime, but delayed decisions on prison conditions and family issues to gather more information.
Key Facts
- •Alberto Queba Braganca Cassama (appellant) was convicted in Portugal in 2011 for theft and possession of a shotgun cartridge, receiving a two-year suspended sentence.
- •He fled to the UK and was later arrested on a warrant for failing to serve his sentence.
- •The UK judge initially ordered extradition, but the appellant appealed.
- •The appeal concerned dual criminality (section 10 of the Extradition Act 2003), prison conditions in Portugal (article 3 ECHR), proportionality (article 8 ECHR), and speciality (section 17 of the Extradition Act 2003).
Legal Principles
Dual Criminality
Extradition Act 2003, section 10
Speciality
Extradition Act 2003, sections 11, 17; Trade and Cooperation Agreement 2020, article 652
Article 3 ECHR (inhuman or degrading treatment)
European Convention on Human Rights, Article 3
Article 8 ECHR (right to private and family life)
European Convention on Human Rights, Article 8
Outcomes
Appeal allowed regarding dual criminality for the shotgun cartridge offence.
The court found that the prosecution could not prove the cartridge would be an offence in the UK due to an exemption in the Firearms Act 1968.
Permission granted to add a fourth ground of appeal concerning speciality.
The court acknowledged the possibility that Portugal might not disaggregate the sentences, requiring further clarification from Portuguese authorities.
Article 3 ECHR appeal adjourned pending the outcome of a similar case (Andrade) and further evidence.
The court considered the need to await the outcome of the Andrade case which dealt with similar issues related to prison conditions in Portugal.
Article 8 ECHR appeal adjourned.
The court decided to leave the article 8 issue open, allowing for potential shifts in the balance due to the ongoing issues of the Article 3 appeal and speciality question.