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Kaim Todner Solicitors Ltd secure Article 3 ECHR victory in Argentine prison conditions case

Kaim Todner Solicitors today won an Extradition Appeal in the High Court, against the decision to send Lucy Wright's case to the Secretary of State for the Home Department, who subsequently ordered her Extradition to Argentina. We were not the Solicitors who represented her in the Magistrates' Court.

The High Court found, after our successful application to adduce evidence that was not put before the Magistrates' Court, that the specific conditions that Lucy would be held in, in prison in Argentina, amounted to a real risk that she would suffer abuses contrary to her Article 3 ECHR right to not suffer torture or inhuman or degrading treatment or punishment. Lucy is due to give birth in a few months.
The President of the Queen's Bench Division and Mr Justice Silber found as follows:
"It seems clear the Appellant would not receive even basic supplies of food and hygiene products if detained in an Argentinean prison."
"...the un-contradicted evidence shows a disturbing pattern of cruel, inhuman treatment being suffered by female prisoners and especially foreign ones in Argentina."
"...frequent bodily and cavity searches carried out on female prisoners often when they are completely naked and in the presence of males."
"the abuses, which the Appellant would suffer in Argentina, are so widespread and systemic that there is a real risk of article 3 mistreatment."

20 March 2012

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