Information Note on the Court’s case-law 239

April 2020

Hafeez v. the United Kingdom (communicated case) - 14198/20

Article 3

Degrading treatment

Inhuman punishment

Extradition

Risk of life imprisonment without parole and inadequate conditions of detention due to Covid-19 pandemic in case of extradition of an elderly person with health issues to the USA: communicated

The applicant is a sixty year old man wi th “a number of health conditions”, which include diabetes and asthma. In 2019 his extradition was ordered upon request of the Government of the United States of America, in respect of charges relating to drug-trafficking conspiracy. In January 2020 the ap plicant’s appeal against this decision was dismissed. The court held that there would be no risk of a violation of Article 3 of the Convention on account of the possibility that the applicant would be sentenced to life imprisonment since any prisoner so se ntenced would have two routes to seek a reduction of that sentence: compassionate release and Executive Clemency. Considering the risk the applicant would face on account of the likely pre- and post-conviction prison conditions, the court noted that the ap plicant’s medical issues were not unusual for a man his age and in any event they appeared to be controllable.

Communicated under Article 3.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes