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Seven Bedford Row

T: +44 (0) 20 7242 3555   |   E: clerks@7br.co.uk

Extradition

An accomplished extradition practitioner, recognised in Chambers and Partners as an expert in this field.

Acted in a number of high profile, complex extradition cases in recent years.

  •  Acts for judicial authorities, governments and defendants in extradition proceedings.
  • Frequently acts where a prima facie case must be shown for jurisdictions such as Ghana, Argentina and United Arab Emirates.
  • Appears before the High Court, frequently alone against Queen’s Counsel. Notable recent cases include:  
  • Onwuzulike v USA [2009] EWHC 1395 (Admin)
  • Asztalos v. Hungary [2011] 1 W.L.R. 252
  • Patel v Office of the Attorney General [2011] EWHC 155 (Admin)
  • Instructed on behalf of the judicial authority in Sweden v. Assange [2011]. Appeared alone in a number of hearings that drew significant international media attention. Acted as a led junior in the extradition proceedings against a very well resourced defence team.

 

Acted for the Russian Federation in a series of multi million pound frauds including:

  • The Russian Federation v. Privalov and Ors: a complicated and protracted shipping fraud case in which the court allowed the defence to present expert evidence in relation to the fraud itself.
  • In Russian Federation v G: the Russian federation sought the bookkeeper for Yukos in a lengthy extradition request which required considerable analysis to identify the alleged conduct and the comparable English offence.

 

Experienced at dealing with human rights issues in the context of extradition proceedings.

  • Successfully acted for the judicial authority in Maclean v. Ireland [2008] EWHC 547 (Admin), a case concerning Article 2 and Article 3.
  • Successfully acted in Italy v Arapi [2010] which concerned the interplay between section 20 of the Extradition Act 2003 (right to retrial) and Article 6.
  • Successfully acted in Albania v. Musai [2010] in which expert evidence from an Albanologist was called to support defence arguments under Article 3 and 6.
  • Successfully acted in Czech Republic v. Marsh [2010] where the defendant alleged, amongst other things, that his Article 3 rights would be contravened if extradited, due to the authorities being unable to treat his HIV positive and Hepatitis C.  
  • Successfully represented the Government of Canada in Canada v. Wallace [2009]. This concerned the Toronto ‘Boxing day shootings’ where complex legal arguments were raised about whether an extradition offence could be shown in the context of this unusual joint enterprise murder.
  • In Kulig v. Regional Court in Tarnow, Poland [2011] EWHC 791 (Admin) successfully argued the conduct amounted to an offence where it was contended by the appellant that there was no criminality merely a civil dispute.

 

Advised the Rwandan Prosecutor General’s Office in relation to extradition requests made in respect of four men sought by the state of Rwanda for genocide and crimes against humanity.  Acted as junior counsel in the resulting extradition proceedings (Brown v. Rwanda [2009] EWHC 770 (Admin)). Remains instructed as a junior in this ongoing case that has become more complex following the adverse appeal and contradictory decisions in other jurisdictions on extradition to Rwanda. Identified an academic to report on the justice system in Rwanda and prepared detailed instructions with core materials.

Frequently involved in drafting extradition requests for persons sought by the UK from foreign states including territories that have no formal extradition arrangement with the UK such as Somalia and Pakistan.

Successfully sought Rule 39 interim relief from the European Court of Human Rights in preventing the removal of a Polish single mother sought on an EAW. The case concluded with the warrant being withdrawn.

Instructed by the Crown as junior to leading counsel in a number of applications to stay proceedings as a Bennett style abuse of process. Recently instructed alone against a QC and a junior in a complex application with highly sensitive political issues involving the extradition of an individual from Afghanistan. Gemma advised on complicated and novel disclosure issues from material held at numerous government departments and associated agencies. Gemma secured a robust judgment in which no abuse of process was found.

 

Recently instructed in respect of the following:

 

  • Albania v Sadiku Gemma represents the requested person who has been convicted of murder in Albania and sentenced to 25 years imprisonment. Amongst other matters it will be argued that the defendant’s Article 5 rights will be infringed by reason of the fact that his confession to the murder before the Albanian court in 2005 was  Gemma successfully obtained bail.
  • Lille Court of First Instance v Williams and Williams Gemma represents the French judicial authority in which a forum argument is being raised in respect of large scale drug trafficking operation.
  • R v Palmer Gemma represents the Crown as specialist counsel instructed to deal with an abuse of process alleged by the Defendant who was extradited from Turkey

Gemma frequently delivers presentations on extradition including to Interpol, Commonwealth Secretariat, Foreign and Commonwealth Office. 

 

International Criminal Law  

Established a practice in international criminal law 

  • Gemma provided ongoing advice in the Brown case on whether there was a prima facie case against the defendants and how to deal with their defence evidence. A significant knowledge base was gained in international criminal law and of the rules of the UNICTR as a result of liaison with them. Visited Rwanda on five occasions to advise Government of Rwanda on the extradition proceedings and on the prima facie case.  
  • Assisted in the preparation of amicus briefs before the UN ICTR in the application by the Prosecutor of the Tribunal to transfer cases to Rwanda.
  • Prosecutor v Ildephonse Nizeyemana (ICTR- 2000-55) Appointed Assistant Trial Attorney in the Office of the Prosecutor at the UN ICTR, entering a trial team at the start of the defence case in. Assisted with preparing cross-examination of defence witnesses and appeared before the Tribunal. Drafted written submissions and acquired a detailed knowledge of the Rules and Procedure and law of the Criminal Tribunals.

 

Crime 

  • Grade 3 on CPS Advocate Panel.
  • General criminal practice in prosecuting and defending a wide range of criminal offences such as grievous bodily harm with intent, robbery, sexual offences and threats to kill.
  • Experienced at prosecuting multi-handed trials.
  • Particularly skilled with cases involving vulnerable witnesses. 

 

Judicial Review 

Gemma has considerable experience on advising on judicial review in respect of many reviewable decisions and omissions, including family, prison law, extradition and human rights. 

Gemma has represented the DPP in several Judicial Review proceedings including:

  • Salazar-Duarte v United States [2010] EWHC 3150 (Admin) where disclosure challenges were successfully defended. 
  • Malone where an application for leave to judicially review an extradition was successfully resisted.

  

Family

Gemma is instructed in public and private law children cases in the County Court and High Court and is particularly skilled at dealing with the heightened emotions such cases may cause.  Gemma acts for parents, other family members, NYAS, CAFCASS and Local Authorities. 

In public law proceedings Gemma has been engaged in cases of neglect, non-accidental injury (including multiple injuries and “baby shaking”) and allegations of sexual abuse. 

Gemma represents children in complex residence and contact proceedings where children have been made party to the proceedings


Gemma undertakes child abduction work, involving the use of the 1980 Hague Convention, Brussells II Revised regulation and the UK-Pakistan Judicial protocol. Gemma’s knowledge of law and practices of many jurisdictions from her extradition practice gives her a particular edge in this field. 

 

Professional memberships 

  • Criminal Bar Association
  • Family Law Association
  • Extradition Lawyers Association

 

Contact Gemma Lindfield

Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk