A man wanted in the Czech Republic for crimes claimed he was forced into them by human traffickers. A UK court believed his story but still sent him back to the Czech Republic because he also had a recent driving conviction here, and there wasn't enough evidence he was still at risk from the traffickers.
Key Facts
- •Ngoc Son Do's application for leave to appeal against an extradition order to the Czech Republic.
- •Two Czech conviction warrants: one for bank fraud (two years), and one for theft, damage, and forgery (twenty months remaining).
- •Do claims to be a victim of human trafficking in the Czech Republic, forced to commit the crimes.
- •Do was convicted in the UK for dangerous driving (12 months).
- •Do's claim of trafficking was not fully substantiated by evidence, and no evidence demonstrated ongoing risk.
- •Do has family and a partner in the UK.
Legal Principles
Article 8 ECHR (right to respect for private and family life)
European Convention on Human Rights
Extradition
UK law
Modern Slavery
UK law and international treaties
Celinski balance (weighing factors for and against extradition)
Case law
Fugitive status
UK law
Fenyvesi principle (new evidence must be available at the time of hearing)
Fenyvesi [2009] EWHC 231 (Admin)
Outcomes
Application for leave to appeal refused.
The judge found the applicant's account of trafficking plausible but insufficient evidence of ongoing risk. The recent dangerous driving conviction and public interest in extradition outweighed Article 8 considerations. New evidence was deemed insufficient to change the outcome.