BSQ Partner Roger Sahota has lodged submissions to the Grand Chamber of the European Court of Human Rights appealing the decision of the First Section in the case of Patrick Bijan Balahan v Sweden (Application no 9839/22). to the Grand Chamber.

On the 23rd June 2023 the First Section of the European Court of Human Rights handed down their judgment in the case which involved a request for extradition by the United States of America to Sweden. Mr Balahan is requested to face trial on serious allegations that engage the Californian Three Strikes Law which could result in him receiving a prison sentence for life with a minimum terms of 61 years custody before parole can be considered if he is returned and convicted after trial.

Refusing the application, the First Section held by a majority of 6 to 1 that there was no real risk of Mr Balahan receiving a life sentence. However, Judge Wojtyczek in a dissenting judgement found in favour of the Applicant.

An appeal has been made to the Grand Chamber under Rule 73 of the Rules of Court on the grounds that a serious question for the Grand Chamber arises to consider on the burden and standard of proof in extradition cases.

The Court has granted Rule 39 relief putting a hold to Mr Balahan’s removal until the case is decided.

The application for permission will be considered by a panel of judges who will decide is permission to appeal to the Grand Chamber should be granted.

This is the first case post Sanchez-Sanchez v. the United Kingdom ([GC], no. 22854/20 decided in November 2022 in n which Roger also acted where the court has had to consider a de facto life without parole sentence. See our briefing on the case here.

Ben Keith of 5 St Andrews Hill acts together with Roger on the case.