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The extradition of a man convicted of murder and sentenced to 12 years’ imprisonment in Brazil has been refused after a long running argument about prison conditions within the Brazilian State of Minas Gerais which has a population of over 20 million.
The Brazilian government repeatedly offered guarantees that the Requested Person would be detained in specific institutions to protect his human rights but repeated defence inspections of those facilities proved them to be inadequate in terms of personal space, medical care and material conditions. Ultimately the Brazilian authorities were forced to concede that there are no facilities within the entire State which do not present a real risk of inhumane or degrading treatment.
After over 1 and a half years of litigation, the English court refused to allow Brazil any more time to resolve the issue and the case against the Requested Person was discharged resulting in his immediate release.
James Hines KC and Amanda Bostock acted for the Requested Person.
8th February 2024
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