Michael Binnington and Luke Atkinson to be extradited to Cyprus within days
November 25 2009For Immediate Release
Essex cousins Michael Binnington (23) and Luke Atkinson (24) are to be extradited to Cyprus within days. The High Court today rejected the final legal challenge to the young men’s extradition, refusing their application to allow them to serve their prison sentences in the UK.
Jago Russell, Chief Executive of Fair Trials International, said:
“Today’s decision is further evidence of flaws in Europe’s fast-track extradition system. What sense is there in sending these young men to Cyprus only to have them transferred back to the UK a few months later?”
Following their extradition to Cyprus, Luke and Michael will apply to be transferred back to the UK. This is likely to succeed with a transfer taking place a few months later. Fair Trials International had sought to by-pass this pointless, expensive and disruptive process by writing to the British and Cypriot authorities urging the two countries to reach an agreement to allow the young men to serve their sentences in the UK. Unfortunately the British Government refused and the High Court today refused to allow a challenge to this decision.
Contact Ryan Flynn on 0207 762 6400
Notes to Editors
- Luke Atkinson (24) and Michael Binnington (23), both from Essex, are each facing 3 years in a Cypriot jail for manslaughter and GBH after being backseat passengers in a car that collided with a moped, killing the driver and seriously wounding its passenger in August 2006. Their uncle pleaded guilty and received a sentence of 15 years’ imprisonment which was upheld on appeal.
- After spending six months in a Cypriot jail, Luke Atkinson and Michael Binnington were acquitted of all charges after their initial trial on 17 February 2007. After their acquittal they returned home to the UK.
- The Cypriot prosecution appealed their acquittal at the Supreme Court of Cyprus on 29 January 2008. The Supreme Court of Cyprus overturned the acquittals, found both Luke Atkinson and Michael Binnington guilty of manslaughter and GBH and sentenced them to 3 years imprisonment on 10 April 2008.
- Luke Atkinson and Michael Binnington were then sought by the Cypriot authorities under a European Arrest Warrant to serve 3 year prison sentences handed down by the Cypriot Supreme Court on 10 April 2009. They had already served six months of this sentence in Cyprus.
- Luke Atkinson and Michael Binnington have been resisting extradition. On 17 June 2009 the High Court refused their appeal against the order of District Judge Purdy on 26 January 2009 to surrender Luke and Michael to the Cypriot authorities. Leave to appeal to the House of Lords was denied in the week beginning 9 November 2009.
- However, Luke and Michael succeeded in obtaining a High Court injunction against extradition on 13 November 2009, pending an application to Jack Straw requesting they be allowed to serve their sentence in the UK. Fair Trials International then wrote to Jack Straw urging him to reach an agreement with the Cypriot authorities on whether Luke Atkinson and Michael Binnington can serve the remainder of their sentences in the UK.
- Europe has agreed a range of laws designed to enable people to serve their prison sentences in their home country including the Council of Europe Convention on the Transfer of Sentenced Persons. The aim of these laws is to achieve justice for victims of crime while also facilitating the rehabilitation of prisoners by enabling people to serve their sentences within their own society.
- The European Arrest Warrant is a fast-track system for surrendering people from one European country to another to face trial or serve a prison sentence. Where (as in this case) a person would subsequently be transferred back to their home country under a prison transfer agreement, we believe that more rational and proportionate alternatives to extradition should first be considered. In particular, states should agree to allow those concerned to serve their sentences in their own country.
- Fair Trials International has serious concerns about this fast-track system for extradition within Europe. In particular the British courts have allowed extraditions under this system where:
1. the extradition relates to a prison sentence resulting from a grossly unfair trial (even in cases where the defendant has not been informed of the trial);
2. there is a very real risk that the person concerned will not receive a fair trial;
3. the prosecution is based on a flawed police investigation, even where it involves mistreatment;
4. extradition would be grossly disproportionate to the offence allegedly committed; and
5. an EAW is issued many years after the alleged offence takes place (in one case we are aware of someone being arrested 20 years after the offence allegedly took place).