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Harare High Court

Simon Francis Mann v The Republic of Equatorial Guinea

HH 1-2008

Case Details

Court
Harare High Court
Date
23 January 2008
Citation
HH 1-2008
Neutral Citation
[2008] ZWHH 1
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Makarau JP
Full Bench
Makarau JPPatel J
Areas of Law
Criminal ProcedureInternational LawHuman Rights Law
Keywords
extraditiontortureprima facie caseinternational obligationsnon-refoulement
Tags
extraditioninternational lawhuman rightstortureprima facie case
legislation
Statutes Cited
  • European Convention on Human Rights 1950
  • Human Rights Act 1998
  • Prison Act 1952
  • Criminal Justice Act 1961
  • Criminal Justice Act 1982
  • Criminal Justice Act 1991
  • Criminal Justice and Public Order Act 1994
  • Crime (Sentences) Act 1997
  • Criminal Justice Act 2003
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Offender Rehabilitation Act 2014
  • Immigration Act 1971
  • Immigration and Asylum Act 1999
  • Nationality, Immigration and Asylum Act 2002
  • Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
  • Immigration, Asylum and Nationality Act 2006
  • UK Borders Act 2007
  • Immigration Act 2014
  • Immigration Act 2016
  • Police and Criminal Evidence Act 1984
  • Terrorism Act 2000
  • Anti-terrorism, Crime and Security Act 2001
  • Prevention of Terrorism Act 2005
  • Terrorism Act 2006
  • Counter-Terrorism Act 2008
  • Terrorism Prevention and Investigation Measures Act 2011
  • Counter-Terrorism and Security Act 2015
  • Investigatory Powers Act 2016
  • Data Protection Act 1998
  • Data Protection Act 2018
  • Freedom of Information Act 2000
  • Constitutional Reform Act 2005
  • Senior Courts Act 1981
  • Supreme Court Act 1981
  • Courts and Legal Services Act 1990
  • Tribunals, Courts and Enforcement Act 2007
  • Constitutional Reform and Governance Act 2010
  • Inquiries Act 2005
  • Justice and Security Act 2013
  • Legal Services Act 2007
  • Administration of Justice Act 1960
  • Crown Proceedings Act 1947
  • State Immunity Act 1978
  • Diplomatic Privileges Act 1964
  • Consular Relations Act 1968
  • International Organisations Act 1968
  • Visiting Forces Act 1952
  • Armed Forces Act 2006
  • Geneva Conventions Act 1957
  • International Criminal Court Act 2001
  • International Criminal Court (Scotland) Act 2001
  • Extradition Act 2003
  • Crime (International Co-operation) Act 2003
  • Serious Organised Crime and Police Act 2005
  • Proceeds of Crime Act 2002
  • Criminal Finances Act 2017
  • Sanctions and Anti-Money Laundering Act 2018
  • National Security and Investment Act 2021
  • Official Secrets Act 1989
  • Security Service Act 1989
  • Intelligence Services Act 1994
  • Regulation of Investigatory Powers Act 2000
  • Investigatory Powers Act 2016
  • Covert Human Intelligence Sources (Criminal Conduct) Act 2021
  • Public Order Act 1986
  • Serious Crime Act 2007
  • Modern Slavery Act 2015
  • Criminal Finances Act 2017
  • Nationality and Borders Act 2022
  • Illegal Migration Act 2023
  • Safety of Rwanda (Asylum and Immigration) Act 2024
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether section 18 of the Extradition Act creates a wide appeal allowing full rehearing","issue_type":"procedural","dispositive":"no","related_facts":"Nature of appeal under section 18"}
  • {"issue_text":"Whether extradition would violate Zimbabwe's international obligations under human rights treaties","issue_type":"law","dispositive":"no","related_facts":"Zimbabwe's obligations under ICCPR and African Charter"}
  • {"issue_text":"Whether substantial grounds exist to believe appellant would be subjected to torture if extradited","issue_type":"mixed","dispositive":"no","related_facts":"Evidence of human rights violations in Equatorial Guinea"}
  • {"issue_text":"Whether respondent established a prima facie case against appellant","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence presented by Equatorial Guinea"}
  • {"issue_text":"Whether appellant's health condition precludes extradition","issue_type":"mixed","dispositive":"no","related_facts":"Appellant's hernia condition"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The appellant, a foreign national, was arrested in Zimbabwe for violating arms dealing laws. While serving his sentence, Equatorial Guinea requested his extradition for allegedly conspiring to kill their head of state. The magistrate granted the extradition request, prompting this appeal.
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