Legal summary
November 2023
Hayes and Others v. the United Kingdom (communicated case) - 56532/22, 56889/22 and 3739/23
Article 3
Degrading treatment
Inhuman treatment
Extradition
Alleged real risk of life imprisonment without parole in the event of applicants’ extradition to, and conviction in, the USA: communicated
The applicants are nationals of the United States of America (“the USA”) currently being detained in the United Kingdom (Scotland). They face extradition to the USA where they are wanted on federal charges concerning an alleged conspiracy to kidnap children and kill witnesses, and an alleged attempt to effect that conspiracy involving the brandishing of a firearm. One of the federal charges brought against them, conspiracy to kill witnesses with intent to prevent communication to a federal law enforcement officer, has a minimum sentence of life imprisonment.
The applicants unsuccessfully challenged their extradition at first instance and on appeal.
The applicants complain under Article 3 that, if extradited, there would be a real risk that if convicted they would receive a mandatory sentence of life imprisonment without parole and such a sentence would be both grossly disproportionate and irreducible.
Under Rule 39 of the Rules of Court, the Court has indicated to the United Kingdom Government that the applicant should not be extradited for the duration of the proceedings before it.
Communicated under Article 3 of the Convention.
(See also Sanchez-Sanchez v. the United Kingdom [GC], 22854/20, 3 November 2022, Legal Summary)
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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