HEM v The State Attorney's Office, Dusseldorf, Germany

[1] This is an appeal from the decision of His Honour Judge Fowler QC whereby he ordered the extradition of HEM ("the appellant") to Germany pursuant to section 21 of the Extradition Act 2003 on foot of a European Arrest Warrant. The appellant appeals on the grounds the judge erred in not finding that extradition would be unjust or oppressive given his mental illness and risk of suicide. In the course of the appeal the appellant sought leave to adduce updated medical evidence following an alleged suicide attempt by the appellant following the extradition decision.

[2] The appellant is a 34 year old Algerian national. An allegation of rape was made against the appellant on 26 April 2011 which led to an arrest warrant being issued in Germany where he was then living and where the alleged offence was alleged to have occurred. The appellant left Germany apparently going to France and Belgium. He entered the United Kingdom illegally on 10 May 2011. A European Arrest Warrant was issued against the appellant by the State Attorney's Office, Dusseldorf, Germany on 19 August 2011 for the offence of rape.

[3] In the course of his judgment in the court below the learned judge described the background to the case succinctly as follows:

[4] Following a delay due to an asylum claim by the appellant, an extradition hearing took place at which the appellant gave evidence himself together with three medical experts. The learned judge rejected the appellant's arguments and, on 20 June 2014, he ordered the appellant's extradition. The appellant lodged a notice of appeal dated 26 June 2014.

[5] Medical reports were obtained on behalf of the requested person from Dr�Harbinson, Dr O'Kane and Dr Bownes and submitted to the court by agreement at the hearing.