Extradition Hub: Lithuania v VZ: video-link trial renders extradition disproportionate20 July 2021
It is understood that Lithuania v VZ is the first occasion that an English court has discharged a requested person on proportionality grounds as a result of their attendance at an ongoing video-link trial in a requesting state. In this case, District Judge Vanessa Baraitser, sitting at Westminster Magistrates’ Court (WMC), ruled that VZ’s attendance at the trial amounted to a measure less coercive than extradition.
VZ was accused of committing an assault in January 2018 in Šiauliai, Lithuania. It was advanced on VZ’s behalf that extradition would: (a) amount to a disproportionate interference with his rights under Article 8 of the European Convention of Human Rights (ECHR); (b) be disproportionate due to the existence of measures less coercive than extradition (s.21(A)(3) of the Extradition Act 2003 (Act)); and (c) amount to an abuse of process.