Kapri v The Lord Advocate representing The Government of the Republic of Albania [2013] UKSC 48, [2013] All ER (D) 123 (Jul)
It was established law that the threshold test for determining whether extradition would be compatible with the appellant’s convention rights required a flagrant breach of the relevant right, such as would completely deny or nullify the right in the destination country. Systemic corruption in a judicial system affected everyone who was subjected to it. No tribunal that operated within it could be relied upon to be independent and impartial. It was impossible to say that any individual who was returned to such a system would receive that most fundamental of all the rights provided for by Art 6 of the Convention, which was the right to a fair trial.
