Brown (Aka Bajinya) and Others v. Government of Rwanda and Another

Abstract

Extradition — Rwandan genocide — Rwandan Government requesting extradition of appellants to Rwanda to face trial for crimes of genocide — Secretary of State for Home Department ordering appellants’ extradition — Extradition Act 2003 — Memorandum of Understanding — Appellants appealing against extradition — Whether extradition orders contravening Article 6 of European Convention on Human Rights, 1950 — Whether Memorandum of Understanding sufficient assurance that Rwandan Government would uphold rule of speciality

Human rights — Right to fair trial — Whether real risk of flagrant denial of justice if appellants extradited to Rwanda to face trial in High Court of Rwanda — Difficulties regarding defence testimony — Whether High Court lacking impartiality and independence — Evidence — International Criminal Tribunal for Rwanda decisions — Relevance — Political context — Article 6 of European Convention on Human Rights, 1950 — The law of England