On the current state of European Convention law, the mere filing of an application with the European Court of Human Rights does not render the subsequent surrender of the applicant a violation of Article 34; a violation requires either non-compliance with indicated interim measures or deliberate prevention of the Court from deciding on a request for interim measures. In the absence of obvious or glaring illegality by the surrendering country, Australia as the requesting country is entitled to rely on assurances that there is no impediment to surrender. An agreement between prosecution and defence on sentencing range does not bind the sentencing judge and carries no greater weight than any other Crown submission.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
3 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.