Belgian extradition warrant withdrawn following expert evidence
We represented a man, AA, in relation to a Belgian extradition request. The warrant related to a three-year conviction for people trafficking.
Our approach
We challenged the extradition under sections 2 and 21 of the Extradition Act 2003, as well as Article 3 of the European Convention on Human Rights (ECHR). The appeal was initially stayed pending consideration of the four highly anticipated High Court cases of Da Silva Ferreira, Zeka, Bogdan, and Salton v Belgium that were heard together in 2025.
These cases considered the much-debated issue of prison conditions in Antwerp, specifically the issues of overcrowding and cell size. Several cases, including AA’s at our request, were stayed pending the outcome of these pivotal decisions.
Following the unsuccessful appeals of these cases, we were initially refused permission to appeal AA ‘s case in the High Court. We sought to renew this at an oral hearing. We worked in collaboration with counsel and a local lawyer in Belgium, collating extensive fresh expert evidence specifically addressing the Article 3 argument (namely the overcrowding and cell size issues). We made an application requesting permission to adduce such fresh evidence.
In tandem with this Article 3 fresh evidence workstream, we also worked urgently with a second local lawyer in Belgium to explore the possibility of resolving the warrant directly in Belgium. Court hearings were held in Belgium, where we were able to provide unique information, including the period AA had already spent in UK custody pursuant to the Belgian warrant.
The outcome
Prior to the oral hearing of the renewed application for permission to appeal, the Belgian authorities withdrew the warrant against AA. As a result, the UK proceedings against AA were also withdrawn and our client’s release from custody was ordered.
The withdrawal of the arrest warrant by the issuing state (Belgium) was the best possible outcome for AA as he is now at liberty wherever he wishes to travel. Nonetheless, he currently continues to live his life here in the UK.
Our client was represented by Solicitor, Kate Nichol with Jonathan Swain of 9BR Chambers instructed as counsel.