Harkins v. the United Kingdom (relinquishment)

Information Note on the Court’s case-law 198

July 2016

Harkins v. the United Kingdom (relinquishment) - 71537/14

Article 3

Extradition

Proposed extradition to United States where applicant faced life imprisonment without parole: relinquishment in favour of the Grand Chamber

The applicant had been the subject of an extradition request from the United States Government since 2003 on charges of first-degree murder and attempted robbery. Although the US Government provided assurances that the death penalty would not be imposed, the applicant faced a mandatory sentence of life imprisonment without the possibility of parole if extradited and convicted of first-degree murder. In Harkins and Edwards v. the United Kingdom (9146/07 and 32650/07, 17 January 2012, Information Note 148), the Court decided that the applicant’s extradition would be compatible with Article 3. Following the Court’s judgment, the applicant applied for judicial review of the extradition decision in the UK courts. His application was refused.

In his application to the European Court, the applicant complains that the mandatory sentence of life imprisonment without the possibility of parole should be considered de facto and de jure irreducible and grossly disproportionate, in breach of Article 3. He also complains that his extradition would violate Article 6 because the mandatory nature of the sentence does not permit the sentencing judge to take into account mitigating factors.

On 5 July 2016 the Chamber decided to relinquish jurisdiction in favour of the Grand Chamber.

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This summary by the Registry does not bind the Court.

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