Mariotti v Italy
| Jurisdiction | England & Wales |
| Judgment Date | 02 December 2005 |
| Neutral Citation | [2005] EWHC 2745 (Admin) |
| Date | 02 December 2005 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Divisional Court
Before Lord Justice Maurice Kay and Mr Justice Penry-Davey
IT WAS appropriate to extradite a person who had been convicted in absentia abroad after declining to surrender himself and it was inappropriate for the court to review the evidence in order to consider the safety of that conviction.
The Queen's Bench Divisional Court (Lord Justice Maurice Kay and Mr Justice Penry-Davey) so held on December 2, 2005, when refusing the application of Enrico Mariotti for a writ of habeas corpus after the Secretary of State for the Home Department on April 1, 2003, gave authority for his extradition to Italy because of his conviction for the kidnapping and murder of Duke Graziolo in Rome.
LORD JUSTICE MAURICE KAY asked whether, where there had been a trial resulting in a conviction in the requesting state and that trial had been in accordance with the law in that state, it was for the court to review the evidence and...
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