London, NW1 5BR
B e f o r e :
| CENTRAL MAGISTRATES COURT NUMBER 1
OF THE SPANISH CRIMINAL COURT
|Judicial Authority (JA)
||Requested Person (RP)
Mr Malcolm Hawkes appeared for the Requested Person
Crown Copyright ©
Koran which says if you kill one soul, whether Jewish or Muslim, you kill every soul in the world. He uploads videos onto YouTube which portray family life in Islam and include film of his family. When he mentions Jihad, it is to say that it is not the word of God or part of Islam.
"(1) A person's extradition to a category 1 territory is barred by reason of absence of prosecution decision if (and only if)—
(a) it appears to the appropriate judge that there are reasonable grounds for believing that—
(i) the competent authorities in the category 1 territory have not made a decision to charge or have not made a decision to try (or have made neither of those decisions), and
(ii) the person's absence from the category 1 territory is not the sole reason for that failure,
(b) those representing the category 1 territory do not prove that—
(i) the competent authorities in the category 1 territory have made a decision to charge and a decision to try, or
(ii) in a case where one of those decisions has not been made (or neither of them has been made), the person's absence from the category 1 territory is the sole reason for that failure."
"Requests for temporary transfer etc
(1)This section applies if—
(a) a Part 1 warrant is issued which contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory), and
(b) at any time before or in the extradition hearing, the appropriate judge is informed that a request under subsection (2) or (3) has been made.
(3)A request under this subsection is a request by the person in respect of whom the warrant is issued—
(a) to be temporarily transferred to the requesting territory, or
(b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.
(4)The judge must order further proceedings in respect of the extradition to be adjourned if the judge thinks it necessary to do so to enable the person (in the case of a request under subsection (2)) or the authority by which the warrant is issued (in the case of a request under subsection (3)) to consider whether to consent to the request.
An adjournment under this subsection must not be for more than 7 days.
(5)If the person or authority consents to the request, the judge must—
(a) make whatever orders and directions seem appropriate for giving effect to the request;
(b) order further proceedings in respect of the extradition to be adjourned for however long seems necessary to enable the orders and directions to be carried out.
(6) If the request, or consent to the request, is withdrawn before effect (or full effect) has been given to it—
(a) no steps (or further steps) may be taken to give effect to the request;
(b) the judge may make whatever further orders and directions seem appropriate (including an order superseding one made under subsection (5)(b)).
(7)A person may not make a request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already given consent to a request under the corresponding paragraph of subsection (2) in respect of that warrant (even if that consent has been withdrawn).
(8)A person may not make a further request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already made a request under that paragraph in respect of that warrant (even if that request has been withdrawn).
(a) a request under subsection (2) or (3) is made before a date has been fixed on which the extradition hearing is to begin, and
(b) the proceedings are adjourned under this section,
the permitted period for the purposes of fixing that date (see section 8(4)) is extended by the number of days for which the proceedings are so adjourned.]"
a. The RP is requested for a prosecution in relation to a very serious offence. A conviction in this country would be followed by a long custodial sentence.
b. There is a clear public interest in this country complying with its international extradition treaty obligations and not being regarded as a haven for those avoiding prosecution in foreign jurisdictions.
c. There are a number of older children (aged 18, 17 and 15) who can help their mother care for the younger ones. The RP said that the older ones had offered to go out to work and if the two eldest did that the family's financial circumstances would improve. At present the RP said the family do not receive benefits, they are surely eligible for them and the daughters could assist their mother in filling in the forms. I do not find the family are friendless or as dependent on the RP as he (and his wife) have made out. The RP's wife came to court with a female friend and a male friend was in the public gallery. The RP is a preacher who has travelled Europe, I would expect that his family would be financially assisted by colleagues of Mr Chadlioui.
a. Currently the RP brings in the only income that the family has although I do not accept that the family will be destitute without him (see c. above). The family will be eligible for benefits and I would expect the mosques where the RP has been preaching to support his family in these difficult circumstances. At worst and I accept it might be a hardship, the oldest two children could go out and get jobs, they are 17 and 18 after all.
b. The RP's wife has depression and is feeling anxious which is entirely understandable in the circumstances. She has three particularly young children aged 5, 2 and five months) and like any other mother would undoubtedly welcome help. The RP says she has no friends in this country, they moved here in 2015. It may well be that she would find her life easier if she were to move back to Belgium with her family where they have lived for many years and where I assume they will be able to obtain the support of friends.
c. The children of whatever age will miss their father deeply, I accept he has played an important role in their lives but noted that he was spending four or five days, three or four times a month away preaching. It is lucky that there are older children who will no doubt support the younger ones. The family lived without the RP on a regular basis even before he was remanded into custody. I do not accept the RP's evidence that the children will not be able to get to school. Contrary to what the RP said in his proof, when he is not there, the older children go to school by bus and the younger ones are walked to school by his wife.
Senior District Judge (Chief Magistrate) Emma Arbuthnot