ARTICLE · 06 MARCH 2022

Extradition And Assurances: Recent Developments

Bindmans LLP

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The recent High Court ruling in the case of Assange (Government of the United States v Julian Assange [2021] EWHC 3313 (Admin)) has brought the use of diplomatic assurances sharply into focus.

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The recent High Court ruling in the case of Assange (Government of the United States v Julian Assange [2021] EWHC 3313 (Admin)) has brought the use of diplomatic assurances sharply into focus. But why are assurances required, who obtains them, what type of assurance can be expected and how can a court be satisfied that they will be complied with?

Why are assurances required?

Where there are substantial grounds to believe that a person's human rights are at risk of being breached were extradition to be ordered, the Requesting State (in the Assange case, this is the US) is usually invited to provide an assurance which, if judged to be sufficiently precise, enforceable and adequate, may be accepted as a sufficient guarantee that an individual's human rights will not be violated. The responsibility is on the Requesting State, assisted by the Crown Prosecution Service (CPS), to provide such an assurance. If the court is not satisfied with the assurance, it will

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