the European High Court has dismissed an appeal against refusal of extradition to Ghana, where convictions

the European High Court has dismissed an appeal against refusal of extradition to Ghana, where convictions for murder continue to attract a mandatory sentence of death in the case Ghana v Gambrah (a British citizen).
Mr Gambrah’s extradition was sought so that he could stand trial for murder. The Ghanaian Government had given an assurance that if he was extradited and convicted, his death sentence would not be carried out. The High Court accepted that assurance but held that the prospect of indeterminate detention on death row, coupled with Mr Gambrah’s poor mental health and the lack of psychiatric treatment in Ghanaian prisons, would amount to inhuman and degrading punishment. His extradition would therefore breach article 3 of the ECHR and would be oppressive for the purposes of section 91 of the Extradition Act 2003.
Joe Middleton acted pro bono in the appeal on behalf of the intervener, the Death Penalty Project. His contribution addressed the operation of death penalty sentencing in Ghana and the successful challenges to the mandatory death penalty elsewhere in Africa, in which he also acted. His submissions explored the implications of the Supreme Court of Ghana’s refusal to strike down the mandatory death penalty as unconstitutional (Johnson v The Republic). In the light of the Supreme Court’s decision the UN Human Rights Committee recently held that Ghana is in breach of its obligation to respect the right to life under the International Covenant on Civil and Political Rights (Communication No. 2177/2012). Joe Middleton drafted Mr Johnson’s submissions to the Supreme Court and his application to the Human Rights Committee, in both cases instructed by the Death Penalty Project.