Michael Lomas v Republic of South Africa (No 4)
[2024] EWHC 1642 (Admin)
Michael Lomas v Republic of South Africa (No 3)
21 May 2024
[2024] EWHC 1141 (Admin)
High Court
A man was fighting extradition to South Africa due to health concerns. Even though doctors said he wasn't fit to fly and needed lots of care, the judge decided South Africa made enough promises about providing good medical care, so the man will be extradited.
Key Facts
- •Appellant's extradition to South Africa was previously challenged based on Article 3 (inhuman or degrading treatment) and Extradition Act 2003 s.91 (oppression).
- •Appellant underwent spinal surgery six weeks prior to the hearing.
- •Appellant's fitness to fly was a key issue, with medical reports indicating unfitness due to post-operative recovery needs and health complications.
- •Assurances were given by the Respondent regarding medical accompaniment, wheelchair provision, and direct flight.
- •New appeal based on changed circumstances and latest medical evidence.
- •Medical reports indicated ongoing health issues including falls, infection, weight loss and suicidal ideation.
- •Concerns raised regarding the appellant's ability to meet basic needs during and after transfer.
- •Adequacy of healthcare provision in South African prison was considered.
Legal Principles
Article 3 ECHR (inhuman or degrading treatment) and Extradition Act 2003 s.91 (oppression)
European Convention on Human Rights and Extradition Act 2003
Rigorous yet pragmatic and circumspect approach to evaluating evidence in extradition cases.
Third Judgment §§34, 36
The court's function is to apply the legal prism to assess whether the evidence satisfies the test for s.91 or Article 3.
Third Judgment §§34, 36
Outcomes
Application for permission to appeal dismissed.
The court found that the evidence did not reasonably arguably provide a basis on which the transfer of the Appellant would reach the threshold of s.91 (oppression) or Article 3 (identifying, on substantial grounds, a real risk of inhuman or degrading treatment). The precautions available were deemed sufficient.