Member

That is misleading. We think only Romania’s national law is a difficulty in providing a clear right to a retrial. It is clear that this affects only a very narrow class of cases, where a UK court finds that a requested person’s absence was not deliberate and no full retrial is available. In those circumstances, a guaranteed right to a retrial is the minimum safeguard necessary to protect UK nationals and others facing extradition. Where issues arise, requesting states can provide case-specific assurances concerning the nature of the right to a retrial. This offers a pragmatic solution without weakening established protections.