The Weekly Law Reports
[2019] 1 WLR 3463
Queen’s Bench Division
*Regina (El Gizouli)
v
Secretary of State for the Home Department
[2019] EWHC 60 (Admin)
2018 Oct 8,
9;
2019 Jan 18
2019 Jan 18
Lord Burnett of Maldon CJ, Garnham J
Crime— Letters of request— Criminal investigation— United States requesting mutual legal assistance from United Kingdom in relation to criminal investigation of British citizen held in Syria— United States authorities seeking to prosecute individual in United States for offences carrying death penalty— Secretary of State agreeing to provide mutual legal assistance without requiring assurance that death penalty not to be used— Whether Secretary of State’s decision lawful— Whether common law prohibiting removal of individual outside jurisdiction to third country where death penalty might be imposed—
Human Rights Act 1998 (c 42), Sch 1, Pt I
Data protection— Personal data— Access to— Secretary of State providing mutual legal assistance to United States authorities in relation to criminal investigation of British citizen held in Syria— Whether statute precluding processing of personal data for use in criminal proceedings which might lead to death penalty— Whether provision of information breaching data protection principles—
Data Protection Act 2018 (c 12), Pt 3
—
Parliament and Council Directive (EU)
2016/680
—
Charter of Fundamental Rights of the European Union
, art 2(2)
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