Hegazey vs Jorquera

This case concerned an appeal against the extradition of Maria Nieves Hegazey to Spain, focusing on mental health issues and Article 8 of the European Convention on Human Rights (ECHR).

TLDR:

• Maria Nieves Hegazey appealed against her extradition to Spain.
• The appeal was based on mental health concerns and Article 8 ECHR.
• The High Court allowed the appeal, citing substantial risk of suicide and strong family ties in the UK.

The case involved Maria Nieves Hegazey, a Spanish national living in the UK, who was ordered to be extradited to Spain to serve a five-year prison sentence for forging documents and misappropriating public funds. The extradition request was based on an arrest warrant issued by the Central Investigative Court No.3 of Spain.

Hegazey, who had lived in the UK since 1985, challenged the extradition on several grounds, including that it would be incompatible with her rights under Articles 5, 6, 7, and 8 of the ECHR. Her primary arguments focused on her mental health and the impact of extradition on her family life.

The High Court, presided by Mr. Justice Saini, considered the evidence, including medical reports from Dr. Deo, a consultant forensic psychiatrist, who stated that Hegazey's extradition would significantly worsen her mental health and pose a substantial risk of suicide. The court also reviewed reports on the conditions of Spanish prisons and their ability to provide adequate mental health care.

Mr. Justice Saini found that the Judge in the lower court had not adequately considered the severity of Hegazey's mental health issues and the substantial risk of suicide. He also noted that the Spanish prison system's mental health care provisions were inadequate to meet Hegazey's needs.

The High Court concluded that extraditing Hegazey would be a disproportionate interference with her Article 8 ECHR rights and those of her family. The court emphasized the importance of considering the mental health and family life of individuals facing extradition.

As a result, the High Court allowed Hegazey's appeal, quashed the extradition order, and directed her discharge.

Legal representatives: Graeme L Hall (instructed by Bindmans LLP) for the Appellant, Catherine Brown (instructed by Extradition Unit, Crown Prosecution Service) for the Respondent.

Judicial Panel: The Honourable Mr. Justice Saini

Case Citation Reference: [2024] EWHC 1280 (Admin)