THE UK GOVERNMENT ALLOWS UK CITIZENS TO BE EXTRADITED EVEN WHEN THEY HAVE BEEN CONVICTED IN THIER ABSENSE TO FACE JAIL TERMS WITHOUT ANY CHANCE OF APPEAL OR RETRIAL.
Two Essex men face months of waiting to find out if they must return to Cyprus to serve a three-year jail sentence for their involvement in a teenager's death.
Luke Atkinson, 24, and Michael Binnington, 23, both from Witham, appeared at City of Westminster Magistrates' Court hoping to discover whether they had won their fight against extradition.
But the case was adjourned to a later date, and it is likely to be taken to the High Court next year before it is resolved.
The two men were passengers in a car driven by Atkinson's uncle Julian Harrington in Protaras, Cyprus, in 2006, when it hit a moped, killing the bike's pillion passenger, Christof Papiris, 17.
Harrington, also from Witham, is serving a 15-year jail sentence after admitting manslaughter and causing grievous bodily harm.
Atkinson and Binnington have said they were only involved "unwittingly" as back seat passengers in a highly drunken state.
They were initially acquitted, but at an appeal hearing in April at the Supreme Court of Cyprus which they did not attend, they were found guilty of conspiracy to cause manslaughter. They were sentenced to three years in prison and European Arrest Warrants were later issued to return them to Cyprus.
District Judge Quentin Purdy has ruled: "The Supreme Court of Cyprus conducted a trial at which both men deliberately absented themselves."
He adjourned the case to September 19 when another hearing date will be set. Both men are on bail.
It must now be decided whether the trial in Cyprus was fair and in compliance with the Human Rights Act and both sides have indicated they will appeal any extradition decision in the High Court, which means the issue is not likely to be resolved until at least the beginning of next year.
But the case was adjourned to a later date, and it is likely to be taken to the High Court next year before it is resolved.
The two men were passengers in a car driven by Atkinson's uncle Julian Harrington in Protaras, Cyprus, in 2006, when it hit a moped, killing the bike's pillion passenger, Christof Papiris, 17.
Harrington, also from Witham, is serving a 15-year jail sentence after admitting manslaughter and causing grievous bodily harm.
Atkinson and Binnington have said they were only involved "unwittingly" as back seat passengers in a highly drunken state.
They were initially acquitted, but at an appeal hearing in April at the Supreme Court of Cyprus which they did not attend, they were found guilty of conspiracy to cause manslaughter. They were sentenced to three years in prison and European Arrest Warrants were later issued to return them to Cyprus.
District Judge Quentin Purdy has ruled: "The Supreme Court of Cyprus conducted a trial at which both men deliberately absented themselves."
He adjourned the case to September 19 when another hearing date will be set. Both men are on bail.
It must now be decided whether the trial in Cyprus was fair and in compliance with the Human Rights Act and both sides have indicated they will appeal any extradition decision in the High Court, which means the issue is not likely to be resolved until at least the beginning of next year.
LIBERTY SHOULD CHALLENGE THE EXTRADITION TREATY IN THE ECHR.
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