The SUPREME COURT

On appeal from the High Court of Justiciary (Scotland)

Issue

Whether the extradition of the Appellants is incompatible with their Article 8 Convention right to respect for private and family life. In particular, the question of the weight to be given to the rights and interests of the children in considering Article 8 issues in an extradition case.

Facts

BH and KAS are husband and wife. They are UK citizens. There are six children in the family, four of whom are the biological children of BH. BH also has three children from previous relationships. Following an investigation by authorities in the United States, on 27 September 2006 an indictment was filed in the United States District Court in Arizona in relation to BH and KAS, in respect of charges of conspiracy and unlawful importation into the United States of chemicals which are used to manufacture methamphetamine, knowing or having reasonable cause to believe that the chemicals would be used for that purpose. Warrants for their arrest were issued and on 3 November 2006 the United States requested their extradition. BH and KAS maintain that if they are both extradited there is no suitable person to take care of and bring up the children. There would accordingly be a violation of their rights under Article 8 of the European Convention on Human Rights. They argue that the Appeal Court erred in failing to take due account of the interests and rights of the Appellants’ children in assessing whether extradition would be incompatible with Article 8.


Subject Matter catchwords for indexing

Extradition – Article 8 – rights and interests of children