International criticism of the conditions in U.S. prisons is nothing new. In 1842, on a tour of the United States, Charles Dickens compared the conditions at the Eastern State Penitentiary outside Philadelphia to being “buried alive.” Charles Dickens, American Notes, Ch. 7 (“Philadelphia and its Solitary Prison”) (1842). But of late, this criticism has taken on a new significance as defendants have sought to avoid extradition to the United States by arguing that it would drive them to suicide, in substantial part due to the brutal nature of U.S. prisons.

While the legal path of this argument is narrow, its recent success in two high-profile cases in the United Kingdom means that prison conditions are likely to be a factor in extradition proceedings for some time. As practitioners determine whether to litigate the conditions of confinement as part of contesting extradition, however, they should consider not only the circumstances in which such arguments have succeeded in the past, but also new obstacles they may face in the near future due to shifts in the U.S. political climate. (The authors’ firm is not U.K. counsel. An essential part of defending an extradition request in the U.K. is retaining U.K. counsel with expertise in extradition proceedings who can appear on behalf of the client in the U.K. courts.)

Extradition: The Basics

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