We represented a vulnerable father, ‘M’, facing extradition to Spain for a 2018 conviction of taking a vehicle without consent.
Our client is the primary carer of a two-year-old child with developmental delays. He faced a 10-month prison sentence in Spain. He already completed a sentence in the UK for an unrelated robbery conviction, which was the basis of an earlier extradition request that he successfully appealed. During this time, the Spanish authorities denied the existence of any further outstanding extradition orders.
Gate arrest and mental health concerns
M expected to be released in May 2024. Instead, he was ‘‘gate arrested’’ under a new Spanish extradition request issued at the last minute.
We were concerned about our client’s mental health and the impact extradition would have on his young son and partner. Expert medical evidence confirmed that M suffered from PTSD, depression, and cognitive impairment. These conditions resulted from serious abuse he experienced in a Spanish prison. M also experienced delusions, believing his electronic bail tag was communicating with him. This caused him significant distress while on bail.
Article 8 ECHR and disproportionate impact
We submitted that extradition would disproportionately interfere with our client’s private and family life under Article 8 ECHR. Our client is the sole carer for his son during the day while the child’s mother works full time. Extradition could have forced the mother to stop working to care for the child, harming the entire family unit.
Abuse of process and final judgment
Despite being labelled a fugitive, M was ultimately spared forced return to Spanish prison, where he said he was beaten and raped. We raised an abuse of process argument arising from the misleading information provided by the Spanish authorities and the gate arrest. Although the Judge declined to rule on this point, the Court accepted that extradition would cause a disproportionate impact on our client and his family.
The extradition proceedings ran from November 2024 to February 2025. The Court delivered judgment with District Judge Stephen Leake refusing extradition at the hearing in June 2025. The Court agreed that returning our client to Spain would breach his Article 8 rights. They cited the severe impact on M's mental health and family life. No appeal was filed, and the decision is now final.
Our client was represented by Extradition Specialist, Mary Westcott of Doughty Street Chambers, instructed by Senior Crime and Extradition Lawyer, Ruta Mikailaite and Caseworker, Ana Derham. He was previously represented by Gitana Megvine of Taylor Rose.
