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Successful discharge of extradition to Russia Federation sets new assurance hurdles for requesting states

The successful discharge for our client, Mr Zmikhnovskiy, after a robustly contested hearing is the first decision on extradition to Russian Federation made in the Magistrates’ Court, following the Shmatko High Court judgment. A postscript to Mr Zmikhnovskiy’s judgment lists important assurance requirements for the Russian Federation to meet for any future extradition requests.

Senior District Judge Arbuthnot held that if Mr Zmikhnovskiy was extradited to the Russian Federation he would be held in prison conditions which would seriously violate his Article 3 rights (prohibition of torture) and that the absence of effective independent monitoring of prison conditions increased that risk. The judge also held that there would be a breach of Mr Zmikhnovskiy’s Article 6 rights (right to a fair trial). The allegations against Mr Zmikhnovskiy, of defrauding the Ministry of Defence of a fairly substantial sum and his past connection to Mr Serdyukov, the then Minister of Defence, combined with the evidence of the lack of judicial independence in cases of interest to the state, led the Judge to conclude that there was a real risk that Mr Zmikhnovskiy would suffer a flagrant denial of justice.

As a post script to this judgment, the judge noted that there had been a number of Russian Federation cases where no evidence had been called and, as in Mr Zmikhnovskiy’s case, insufficient information had been provided to the UK court about prison conditions. The judge continued that it was fast becoming her view that the Russian Federation should support any request for extradition with evidence, such as a video or photographs of any cell subject to an assurance. The judge noted that the requesting state should re-consider its view that experts are not allowed to see the facilities in question.

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Jasvinder Nakhwal


+44 (0)20 7822 7753

Jasvinder has over 20 years’ experience acting for high profile individuals and companies facing complex cross-border criminal and regulatory investigations. She is particularly skilled in dealing with cases involving individual/corporate rights and has a long track record of defending successfully in extradition, INTERPOL and asset seizure matters. Described as “A superb lawyer and meticulous in her preparation…an understated star” (Legal 500 2021), she is the 2020 winner of Legal 500’s Individual of the Year for Crime, Fraud and Licensing.   

Rachel Cook

Senior Associate

+44 (0)20 7822 7772

Experienced in multi-jurisdictional investigations and prosecutions into tax offences, fraud and corruption.