Human rights
| Pages | 67-72 |
67
international law update Volume 18, July–September 2012
© 2012 Transnational Law Associates, LLC. All rights reserved. ISSN 1089-5450, ISSN 1943-1287 (on-line) | www.internationallawupdate.com
Government to prevent the exercise of the RPM in
his favour. [N.B. from U.K. “Case Digest” slightly
edited and re-punctuated].
citation: McGeough v. Secretary of State for Northern
Ireland, [2012] NICA 28[ocial transcript]; 2012
WL 3963540 (Ct. App. N. Ireland 2012).
HUMAN RIGHTS
A seven-judge panel of the European
Court of Human Rights rules that
Applicant Edwards if convicted and
sentenced to life imprisonment without
parole by the Courts of Maryland, U.S.A,
there would be no violation of either
Article 3 or Article 5(4) of the European
Human Rights Convention should the
government of the United Kingdom
respond favorably to the request from
the United States and extradite the
Applicant to serve the sentence likely
to be imposed by the Maryland courts
based on Applicant’s conviction for
murder in the first degree
On October 24, 2006, a grand jury in
Washington County, Maryland, U.S.A. indicted a
Mr. Edwards (Applicant) on 11 counts, relating to
the death of one J. Rodriguez, the non-fatal shooting
of T. Perry, and assault of a third man, S. Broadhead.
e most serious charges are [1] murder in the rst
degree of Rodriguez; and [2] attempted murder
in the second degree of Perry. e 3rd and 4th
counts are alternatives to counts 1 and 2, charging
the applicant with murder in the second degree of
Rodriguez and attempted murder in the second
degree of Perry.
Applicant, Rodriguez, Perry and Broadhead
were visiting the apartment of a friend on the
evening of July 23, 2006. Applicant began to argue
with Rodriguez and Perry who had made fun of his
small stature and feminine appearance. Applicant
left the apartment and later returned with 3 other
men. Broadhead told the police that, while the other
men in the kitchen were restraining him, Applicant
produced a handgun and went into the living room.
Shots were then red killing Rodriguez and injuring
Perry with a non-fatal gunshot wound to his head.
Somehow Applicant ed the U.S. and ended up in
the United Kingdom.
On January 21, 2007, U.K. authorities arrested
Applicant pursuant to a provisional warrant of
arrest issued under section 73 of the Extradition
Act 2003. In an adavit of March 14, 2007, Mr.
Joseph S. Michael, an attorney in the Oce of the
State’s Attorney for Washington County, Maryland,
outlined the facts of this case and the state charges
against the Applicant. As to count I, he stated:
“Although a defendant convicted of rst degree
murder may, under certain circumstances, be subject
to the death penalty, none of those circumstances
exist in this case. Consequently, the maximum
penalty is life in prison.”
e U.S. Embassy in London issued Diplomatic
Note 12 in March 2007. It asked for Applicant’s
extradition to the U.S. for trial. e Note specied
that both Counts one and two carried a maximum
penalty of life imprisonment, and that count
two, attempted rst-degree murder, also carried a
maximum penalty of life imprisonment.
Later that month, the Secretary of State certied
that the extradition request was valid. In a decision
given on April 16, 2007, the district judge, sitting
at the City of Westminster Magistrates’ Court,
ruled that the extradition could proceed. He held
that, inter alia, Applicant’s extradition would not
be incompatible with his rights under Article 3 of
U.N.T.S. 221 as amended [ECPHR]. [It provides:
“Article 3. Prohibition of Torture. No one shall be
subjected to torture or to inhuman or degrading
treatment.”]
e Maryland Criminal Code stated that it
was up to the State of Maryland to seek the death
penalty. e extradition request clearly declared that
it would not do so. e District Judge accordingly
sent the case to the U.K. Secretary of State for his
decision as to whether the U.K. should extradite the
Applicant to Maryland.
On June 5, 2007, the U.S. Embassy issued
a further diplomatic note on Applicant’s case. It
assured the U.K. Government that Applicant was
not subject to the death penalty, that Maryland
would not seek or carry out the death penalty upon
his extradition to the United States, and that the
Deputy State Attorney of the State of Maryland
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