Background On May 24, 2022, the U.S. Court of Appeals, Second Circuit upheld a decision by the District Court for the Eastern District of New York (“District Court”) which found that for the purposes of the International Organization Immunities Act (“IOIA”), INTERPOL qualified as a public international organization (“PIO”) and was therefore entitled to immunity […]
New Zealand is under international pressure to stop the extradition of Kyung Yup Kim (“Kim”), Korean-born and permanent resident of New Zealand, accused of killing a young woman in Shanghai in 2009: an allegation which Kim denies. New Zealand’s lower courts previously blocked his extradition, citing the risk of torture within China’s legal system and […]
On 20th April 2022, Westminster Magistrates’ Court formally approved the extradition of Julian Assange to the US on espionage and computer misuse charges, and sent his case to the Home Secretary Priti Patel. On 15th March 2022, the Supreme Court remitted Assange’s case back to the Magistrate’s, and rejected, for failing to raise an arguable […]
New Zealand Supreme Court Rules in “test case which the international community was watching closely” On 13 April 2022, a five-strong panel in the New Zealand Supreme Court (“NZSC”) handed down judgment in the case of Minister of Justice v Kyung Yup Kim [2022] NZSC 44.[1] The key question for the court was whether Mr […]
On 15th March 2022, the UK Supreme Court refused an application for permission to appeal by Wikileaks founder, Julian Assange. Mr. Assange is wanted in the US on 17 counts of espionage, and one charge of computer misuse relating to his alleged role in the unauthorised attainment and disclosure of national defence information and computer […]
On 10th March 2022, INTERPOL announced that heightened supervision and monitoring measures in relation to Russia had been implemented by the Secretary General and endorsed by INTERPOL’s Executive Committee. The measures, which have taken immediate effect, and were implemented following calls from Ukraine, the UK, and others for Russia’s complete suspension from INTERPOL (covered by […]
On 7th March 2022, the members of the ‘Five Eyes’ (UK, USA, Canada, New Zealand, and Australia) continued Ukraine’s initial February 2022 call for INTERPOL’s Executive Committee to suspend Russia’s access to the INTERPOL network (covered by P&P here). In a public statement, Home Secretary Priti Patel confirmed that correspondence had been sent to the […]
On 28 February 2022, the Home Secretary made an oral statement to Parliament, informing the house that the Ukrainian Government requested that Russia be suspended from INTERPOL. The request, which follows Russia’s invasion of Ukraine, is part of wider efforts to isolate Russia from the global community, including severe economic sanctions imposed by Western governments […]
Background On 23 February 2022, the Supreme Court allowed an appeal by Mr. James Craig, challenging the failure of Scottish Ministers to give effect to section 79(1) of the Extradition Act 2003 (‘2003 Act’) the ‘forum bar’, in Scotland. The ‘forum bar’ defence, which was brought into in force in England, Wales, and Northern Ireland […]
On 17 February 2022, Senior District Judge Paul Goldspring sent the case of Ms. Karime Tubilla to the Secretary of State (‘SoS’) for a decision as to whether she should be extradited to Mexico. Ms. Tubilla, who is married to former governor Javier Duarte, currently serving a nine-year prison sentence in Mexico on charges of […]
Jasvinder Nakhwal
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