The submission will reflect concerns that Amnesty International raised publicly yesterday, which are summarised below.
Seeking representations from the parties without providing them with the medical report and opinion denies natural justice. The process is not transparent or fair. The medical opinion was evaluated in secret by the Home Secretary, a political official, rather than by a court, without any opportunity for the prosecution to observe the medical examination, challenge it or obtain a second independent medical opinion.
Since the states requesting his extradition were not given the opportunity to observe the medical examination, see the reports or cross-examine the doctors, then they should be afforded the opportunity, subject to judicial supervision, to nominate their own medical expert to conduct a medical examination or to have a new medical examination at which their own medical experts could be present as observers.
Anyone facing extradition should be permitted to request and obtain an independent medical examination to determine whether he or she is able to participate in the extradition proceedings. However, while these proceedings are before the courts such an examination should be subject to judicial supervision in a transparent process in which the prosecution should be permitted to have a medical observer, should be able to examine the medical reports and the doctors who conducted the medical examination and, if appropriate, to call its own medical experts to examine the person facing extradition.