A divorced couple, members of an 'infamous' Paraguayan gang accused of a multi-million dollar fraud, have successfully appealed against their deportation from the United Kingdom on human rights grounds.
Legal Battle Over Extradition to Paraguay
The pair, who cannot be named for legal reasons and are referred to as EG and MS, moved to the UK in 2007. Criminal proceedings were launched against them in Paraguay in June 2012 for allegedly defrauding a state-run pension fund of $35 million and money laundering. Following an Interpol notice, they were arrested in London in 2015.
Their extradition case was initially heard at Westminster Magistrates' Court in 2016, where it was decided that the separate prison units proposed for them in Paraguay were adequate. This decision was passed to the Home Office. However, the migrants launched a series of appeals, claiming their human rights would be violated.
Claims of Risk and Failing Health
In their latest appeal to the Upper Tribunal Immigration and Asylum Chamber, the couple presented new evidence. They argued that prison violence in Paraguay had increased, healthcare standards had diminished, and their own health had deteriorated.
EG has significant medical issues, including a history of breast and skin cancer, chronic asthma requiring specific inhalers, and severe mental health conditions including PTSD and depression. An expert warned there was a 'real risk' she would not access required medication in a Paraguayan prison.
MS suffers from diabetes and high blood pressure, with experts agreeing he would face similar constraints on medical care.
Specific Threats from Organised Crime
Justice Charles Bourne highlighted that EG's notoriety presented a unique danger. Expert evidence indicated she could be targeted by two powerful groups if imprisoned in Paraguay: the Marxist-Leninist guerrilla group EPP and the organised crime syndicate Clan Rotela.
The tribunal found that a previous assurance that EG would be held in a secure senior citizen ward was void, as that facility had been repurposed during the Covid-19 pandemic.
For MS, the tribunal heard that the Tacumbú prison in Asunción, where he was to be held, fell below Article 3 standards. Assurances from 2016 that he would be placed in a special 'Libertad' unit were undermined by the fact control of the prison had shifted to a 'violent narco-trafficking gang'. This placed him at specific risk of extortion and violence due to the high-profile nature of his alleged crimes.
Appeal Success and Legal Precedent
The Upper Tribunal ruled in their favour, stating that the evidence of targeted risk from organised crime groups was of a 'different order' from general prison violence and had not been properly addressed in earlier decisions. This constituted a legal error, granting them a reprieve from extradition.
This case underscores the complex interplay between international extradition requests and the UK's obligations under human rights law, particularly regarding prison conditions and healthcare for individuals with serious medical needs.
