Court decides novel point on extradition and the mandatory death penalty

In Government of Ghana v Gambrah, extradition is sought for murder, an offence carrying the mandatory death penalty in Ghana. In light of the international jurisprudence on the mandatory death penalty, the judge found that extradition would violate Mr Gambrah’s rights under Article 3 of the ECHR and thus that his extradition is barred by s 87 of the Extradition Act 2003. The judge also held that there was the real risk that Mr Gambrah would be held under sentence of death for many years, and thus that there was a violation of his Article 3 rights on this basis also. This decision is now subject to an appeal by the Government of Ghana in the High Court.

James Lewis QC represented the Government of Ghana.

Rachel Barnes was junior counsel for Mr Gambrah.

23rd October 2013