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  4. US murder charge Scot loses second human rights extradition challenge

US murder charge Scot loses second human rights extradition challenge

10th July 2017 | criminal law , human rights

A Scottish man wanted for trial in Florida on charges on first degree murder and attempted robbery with a firearm, has failed for the second time in his attempt to have his extradition declared contrary to his human rights.

The European Court of Human Rights ruled today that Phillip Harkins' rights under article 3 of the European Convention would not be breached if he was jailed for life without parole in the USA.

Harkins (38) was released on bail in 2002 over the alleged offences in 1999, in which he denies being involved, and returned to Scotland. In 2003 he was jailed for causing death by dangerous driving, and has been in custody since.

The US authorities have given an assurance that the death penalty would not be sought if Harkins is found guilty, but he argued that extradition to face the alternative possibility of life imprisonment without parole would also violate article 3.

On a previous application in 2012, the court held that no violation would occur in these circumstances, but Harkins brought further proceedings in the UK based on the subsequent judgments of the court in Vinter and Trabelsi, which he argued developed the case law in such a way as to require the reopening of his proceedings, and when the UK courts refused to do so, he made a second application to the Strasbourg court.

In today's ruling a 17 judge Grand Chamber held that Harkins’ complaints under article 3 should be declared inadmissible as they were “substantially the same” (within article 35(2)(b) of the Convention) as the complaint considered in 2012. It rejected the argument that the subsequent case law could constitute “relevant new information, as to find otherwise would undermine the principle of legal certainty and undermine the credibility and authority of the court’s judgments.

Nor did the facts disclose any risk that Harkins would suffer a flagrant denial of justice so as to breach his article 6 right to a fair trial.

Click here to view the court's judgment.

 

 

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