Shrien Dewani: A Guideline Case On Extradition And Mental Health?

Shrien Dewani, the man accused of arranging for the murder of his wife during a South African honeymoon, is said to be suffering from Post Traumatic Stress Disorder and there are unconfirmed reports of a suicide attempt. He had been unable to attend a court hearing earlier this month and has recently been treated in the Bristol Royal Infirmary. According to his spokesman (a position seemingly essential in today's high-profile extradition cases), Max Clifford, "When he comes out of hospital he is probably going to have 24-hour nursing."

Unlike many cases that come before the City of Westminster Magistrates' Court, Mr Dewani appears to have some powerful arguments against extradition - a publicity seeking Director of Public Prosecutions; a country wishing to revive a struggling tourist industry; a confession from a co-accused arising in questionable circumstances. But what role will his fragile mental state play in extradition proceedings?

This article will explore the Administrative Court's approach to cases where mental health is pursued as a bar to extradition. It will highlight the various different tests to overcome and the significant difficulties posed in advising a client suffering from mental health concerns.

Opening the floodgates: Jansons v Latvia

In Jansons v Latvia [2009] EWHC 1845 (Admin), the appellant's extradition on a Category 1 European Arrest Warrant was ordered by the then Senior District Judge Timothy Workman. The following day, the appellant tried to commit suicide in Wormwood Scrubs Prison. Not only did he try, but the evidence he submitted showed that he very nearly succeeded.

The appellant had hanged himself in his cell and was found with no pulse. Following resuscitation, he spent ten days in intensive care receiving continuous ventilation before being transferred to a High Dependency Unit in Charing Cross Hospital. He was only admitted to the health care centre of the prison eighteen days after the suicide attempt.

On appeal to the High Court the defence relied on uncontested psychiatric evidence which stated that, if he were extradited to Latvia, Mr Jansons would commit suicide. The Prosecution did not contest the psychiatric evidence because the requesting country had confirmed that it would have appropriate medical facilities available. In short, if he was not granted bail in Latvia, he would receive similar treatment to that in Wormwood Scrubs.

The argument focussed on Sections 21 and 25 of the Extradition Act 2003. Section 21 of the 2003 Act (or...