Res judicata, oppression and abuse of process in Scots extradition law.

Arnell, Paul

Abstract

This article considers Iliev (Ilia) v HM Advocate (HCJ Appeal), refusing permission to appeal against a decision to extradite the applicant to Romania under a European arrest warrant on the grounds of res judicata or abuse of process arising out of the fact that a Swedish court had already refused to order his extradition and that he would be subject to inhuman or degrading treatment due to the conditions of his detention in Romania.

Citation

ARNELL, P. 2021. Res judicata, oppression and abuse of process in Scots extradition law. Scots law times [online], 2021(25), pages 94-96. Available from: https://uk.westlaw.com

• Journal Article Type: Article
• Acceptance Date: May 10, 2021
• Online Publication Date: Aug 20, 2021
• Publication Date: Aug 20, 2021
• Deposit Date: Aug 26, 2021
• Publicly Available Date: Aug 21, 2022
• Journal: Scots law times
• Print ISSN: 0036-908X
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2021
• Issue: 25
• Pages: 94-96
• Item Discussed: Iliev (Ilia) v HM advocate [2021] HCJAC 26; 2021. S.L.T. 960
• Keywords: Abuse of process; European arrest warrants; Extradition proceedings; Inhuman or degrading treatment or punishment; Oppression; Permission to appeal; Res judicata; Romania; Scotland
• Public URL: https://rgu-repository.worktribe.com/output/1411852
• Publisher URL: https://uk.westlaw.com