Wednesday 7 December 2016

Judges refuse to extradite 'paedophile' unless his human rights are guaranteed

John Aston

Published 07/10/2015 | 11:30

Judges refuse to extradite 'paedophile' unless his human rights are guaranteed
Judges refuse to extradite 'paedophile' unless his human rights are guaranteed

UK judges are refusing to extradite an alleged American paedophile who has been on the run from the FBI since 2007 until they have received an assurance that his human rights will not be breached.

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The two judges sitting at the High Court in London made it clear that if no assurance is given they will refuse to hand over Roger Giese, 40, to stand trial in California, where is charged with sexually abusing a boy under the age of 14 from 1998 until 2002.

The former choir master has been living in a village in Hampshire under a different name and working for a PR company.

An extradition request from the United States was certified by the Home Office in May 2014, and Giese was arrested on June 4 last year.

But Magistrates' Court District Judge Margot Coleman refused the request last April.

She ruled there was "a real risk" that Giese would be subjected to an order for civil commitment - a form of indeterminate confinement in a secure facility - if convicted of a series of sexual offences against the boy.

Judge Coleman said such an order would be a "flagrant denial" of the European Convention on Human Rights (ECHR).

The US government appealed against Judge Coleman's decision, but today it was upheld by the High Court, which gave the US authorities a deadline to assure the court that, if Giese was found guilty, "there will be no attempt to make him the subject of a civil commitment order".

Lord Justice Aikens and Mr Justice Holroyde stated in a joint written judgment that Judge Coleman was right to conclude that extradition would be "inconsistent" with Giese's ECHR rights.

The judges said that if no assurance was given "in due time", the US government appeal for the right to extradite "must be dismissed".

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