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On-the-run sex offender's human rights at risk if extradited to US, lawyers argue
Summary
The Court of Appeal has adjourned the appeal by Martin Jude Wall against his extradition to the United States. Wall, who pleaded guilty in 2012 to attempting to entice a child for indecent purposes, was ordered by the High Court to be surrendered to US authorities. His legal team argued that his return poses a real risk of breaching Article 3 of the European Convention on Human Rights, alleging he would face inhuman treatment under Georgia's strict parole restrictions, including being forced to live in a tent. Counsel for the Attorney General countered that the risk of such treatment was speculative and that Wall is being returned to serve a term of imprisonment, not to face probation conditions. The court, presided over by Mr Justice Birmingham, reserved its judgment, noting the appeal raised new legal territory. The matter was adjourned, with a ruling expected before the end of the legal year. Wall is currently detained at Midlands Prison.
Who, what, where, when and why
What: Report matter: On-the-run sex offender's human rights at risk if extradited to US, lawyers argue. Procedural stage: appeal
When:
- December 2020 Incident
- February 8 Hearing Or Sentence
- 2022-04-26 Publication
Why: When Wall first informed his probation officer that he faced being made homeless because the 300-metre rule was making it impossible for him to find anywhere to live, Mr Costelloe said his client was told to "go and live in a tent". CNI source report
Case subjects
Appellant
Plea: Guilty
Outcome: Although Mr McGrath conceded the presumption of good faith in this instance may not be as strong as the presumption enjoyed under the European Arrest Warrant cases, he said that "none the less, it does enjoy a presumption". "The prosecutors [in Georgia] are seeking a term of imprisonment [for Wall]. Mr McGrath said that Wall was being returned to the US "to serve a sentence of imprisonment". "This is not a case where the appellant would be required to live in tent," he said. "The likely outcome in this case is that he would receive a period of detention." Previously, the High Court was told that in 2012 Wall had pleaded guilty through plea-bargain to attempting to entice a child for indecent purposes.
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