The highest court of Belgium — Court of Cassation– has rejected the appeal of fugitive diamantaire Mehul Choksi against India’s extradition request, while endorsing a lower court’s view that there are no grounds for his claims of flagrant denial of justice, torture or inhuman and degrading treatment in India, according to the order released on Wednesday.
Imposing costs of Euros 104 on Choksi, the court upheld the view of the Indictment Chamber of Antwerp Court of Appeal, which had observed that the documentation provided by Choksi was insufficient to make it concretely plausible that he runs a real, present and serious risk of being subjected to flagrant denial of justice or to torture or inhuman and degrading treatment in the requesting State.
The Court of Cassation does not re-examine the facts or decide whether extradition is fair or wise. Its role is limited to checking whether the law was applied correctly, and whether procedural rules and reasoning duties were respected.
If​The highest court of Belgium — Court of Cassation– has rejected the appeal of fugitive diamantaire Mehul Choksi against India’s extradition request, while endorsing a lower court’s view that there are no grounds for his claims of flagrant denial of justice, torture or inhuman and degrading treatment in India, according to the order released on Wednesday.
Imposing costs of Euros 104 on Choksi, the court upheld the view of the Indictment Chamber of Antwerp Court of Appeal, which had observed that the documentation provided by Choksi was insufficient to make it concretely plausible that he runs a real, present and serious risk of being subjected to flagrant denial of justice or to torture or inhuman and degrading treatment in the requesting State.
The Court of Cassation does not re-examine the facts or decide whether extradition is fair or wise. Its role is limited to checking whether the law was applied correctly, and whether procedural rules and reasoning duties were respected.
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