R (on the application of Bary and another) v Secretary of State for the Home Department [2009] EWHC 2068 (Admin), [2009] All ER (D) 59 (Aug)
In assessing whether in ordering extradition there would be a real risk of violation of Art 3 of the European Convention on Human Rights, the following principles were relevant and ought to be borne in mind:
(i) the test was a stringent one and the burden of proof was on the extraditee; (ii) the extraditee should not be extradited unless the safeguards that s/he would enjoy in the requesting state were as effective as the convention standard;
(iii) it was a matter for the requesting authority where and in what circumstances they detained extraditees both pre-trial and post-conviction; (iv) the importance of international co-operation and maintaining treaty obligations was an important factor;
(v) it was essential to focus on what was likely to happen to an extraditee in his/her particular circumstances;
(vi) punishment that would be regarded as inhuman or degrading in the domestic field would not necessarily be so regarded where the alternative
