High Court Justice Quashes Home Office Ruling to Send At-Risk Man to United States
An administrative court justice has determined that a autistic and vulnerable man should not be sent abroad to the United States on cybercrime charges, quashing a previous Home Office decision.
Context
The UK government has accepted that Diogo Santos Coelho, 25, was groomed and exploited on the internet by older individuals from the time of 14, resulting in him to create the website RaidForums, to which the claimed crimes are connected.
Portugal and the US have lodged formal demands for transfer for Coelho. The Portuguese national, who has been assessed as being at a very high risk of suicide, has said he is afraid he may die if sent to jail in the United States, where he would have absolutely no personal support.
Legal Ruling
During proceedings, the judge ruled that the then home secretary was required to considered Coelho’s “closeness to relatives, his ties with the different legal systems, his entitlements, and the probable results in the criminal process.”
It was further stated: “The fact that the claimant has been diagnosed with ASD and has other issues with his psychological well-being, and the danger of suicide, are also an significant part of the circumstances.”
“After years of experiencing confinement in a nightmare, this judgment feels like the first ray of light,” said Coelho.
The individual expressed: “My position that I have agreed to transfer to Portugal, my nation of origin, and I am willing to face the legal authorities there.”
Next Steps
Mr Justice Linden also determined that Coelho ought to have been permitted to submit arguments before the judgment was issued and that both countries must additionally provide input.
This means, when the present government official reviews the decision, Coelho will be permitted to make representations as to why the European petition should be prioritized.
Related Instances
The matter has parallels to the earlier matter involving Gary McKinnon, who likewise resisted a long battle against extradition to the United States for cyber offenses until the then home secretary prevented it on health-related grounds.
The Home Office stated it does not typically comment on specific legal matters.
