News

Man faces extradition in case of mistaken identification

In March 2020, our client was discharged from a European arrest warrant issued by Germany, seeking his return for online fraud offences amounting to EUR 100,000.

We submitted on our client’s behalf that it was in the interests of justice for the parties to agree to steps that were less coercive than extradition. Our client had no knowledge of the allegations underlying the European arrest warrant, and he denied any involvement in the offences contained in the EAW. We argued that this was a case of mistaken identity, or that someone has misused his identity.

Our team have successfully liaised with the German authorities, who then considered our client’s defence, as well as assessed all the corroborating material. This led to the discontinuation of the extradition proceedings and the withdrawal of the European arrest warrant.

 

s.21B Request for temporary transfer

The “temporary transfer” allows the requested person to apply to the court for their temporary return to the requesting state or for communication to take place between the parties and their representatives.

This “less coercive measure” can be beneficial both to the requested person and the requesting state. This is because the temporary transfer has the potential to delay or avoid surrender without the requested person evading justice entirely (as would follow from discharge).

Our client was represented by Graeme Hall of Doughty Street Chambers, who was instructed by Giovanna Fiorentino and Agnieszka Maria Biel of Lansbury Worthington Solicitors.

 

We can help

If you require help with an extradition case, please contact Ms Biel on amb@lwsol.co.uk or 07802725778.

 

Agnieszka M. Biel, Trainee Solicitor