T v The Republic of Kosovo [2022]

Ceylon Giles assisted in the successful defence of a Requested Person whose extradition was sought by the Government of Kosovo for alleged offences of robbery and possession of a firearm. The sole evidence relied upon by the requesting state was a confession that had been extracted by the Police resorting to violence during interrogation.

Expert evidence and material from NGOs documenting the systemic problem of coerced confessions within Kosovo’s criminal justice system was adduced in support. This evidence supported the RP’s account that his confession had been extracted through violence and ill-treatment during questioning.

At the substantive extradition hearing, District Judge Bristow accepted that he could not “be sure that the confession was not obtained in the way described by the Requested Person”. The confession was therefore excluded. As no other evidence linked the RP to the alleged offences, the District Judge was obliged to discharge him under s.84 of the Extradition Act 2003.

The Crown Prosecution Service subsequently confirmed that it would not be appealing the decision, bringing the matter to a successful conclusion for the Requested Person.