The Appeal Court’s Judgment

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Due to growing concerns about the compatibility of Dean’s detention with Article 3, the ROC authorities gave a series of undertakings regarding his treatment. Specifically, they promised that he would be detained in an Article 3 compliant two-man cell; he would be separated from other prisoners; and that any alleged breach of the assurances, made by buy phone number list British consular officials, would be remedied. The key question was whether these special arrangements were sufficient to remove the risk of ill-treatment.



In its judgment [2016] HCJAC 83, the Appeal Court decided, by a majority, that Dean’s extradition would violate Article 3. It held that there was a real risk of ill-treatment which the diplomatic assurances did not remove. Lady Paton was disturbed by the likelihood that Dean would have to remain in his cell due to his vulnerability to attack. This danger would be heightened, in the majority’s view, by the privileged conditions in which Dean would be kept. Lady Paton pointed out that, according to the CPT Standards, separation for a prisoner’s own protection may amount to ill-treatment (para 53).