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Cases involving the application of the non-refoulement principle are hard because they often require judges to make fine-grained assessments about the foreseeability of harm. Accordingly, judges may disagree about whether an individual should be extradited or not. Perhaps the debate about whether Dean’s de facto solitary confinement would qualify as ill-treatment provides a good illustration of this point. However, to take the view that Dean is such a finely-balanced case would be to overlook a buy phone number list number of background factors which should have influenced the Supreme Court’s decision.

The fact that the extradition arrangements were, necessarily, made by way of an about the enforceability of the ROC’s commitments. The usual argument [see here] that MOU have significant political effects, is much less convincing given the UK’s non-recognition of the ROC. Moreover, the general charge that diplomatic assurances amount to unenforceable promises has been well-documented [see here]. In any event, the undertakings given in Dean can be compared unfavourably with other cases.

In Othman, an MOU was used to conclude extradition arrangements between the UK and Jordan. Nevertheless, the two governments had strong diplomatic ties; the assurances provided for recourse to judicial remedies; and an independent human rights NGO was appointed to monitor compliance with them.