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US fails to extradite alleged American paedophile from Britain US fails to extradite alleged American paedophile from Britain
(35 minutes later)
The US government has been refused permission to appeal against a high court decision blocking the extradition of an alleged paedophile from the UK because of the risk of his indeterminate confinement in California breaching his human rights.The US government has been refused permission to appeal against a high court decision blocking the extradition of an alleged paedophile from the UK because of the risk of his indeterminate confinement in California breaching his human rights.
Roger Giese, now in his early 40s, has been on the run from the FBI since 2007. He is wanted in California, where he is accused of sexually abusing a boy under the age of 14 from 1998 until 2002.Roger Giese, now in his early 40s, has been on the run from the FBI since 2007. He is wanted in California, where he is accused of sexually abusing a boy under the age of 14 from 1998 until 2002.
The former choir master has been living in a village in Hampshire under a different name and working for a PR company.The former choir master has been living in a village in Hampshire under a different name and working for a PR company.
On Friday, at the high court in London, US authorities were refused permission either to reopen their appeal, or to take their case to the supreme court, the highest court in England and Wales.On Friday, at the high court in London, US authorities were refused permission either to reopen their appeal, or to take their case to the supreme court, the highest court in England and Wales.
An extradition request from the US was certified by the Home Office in May 2014, and Giese was arrested a month later. But district judge Margot Coleman at Westminster magistrates court refused the request.An extradition request from the US was certified by the Home Office in May 2014, and Giese was arrested a month later. But district judge Margot Coleman at Westminster magistrates court refused the request.
She ruled there was “a real risk” that Giese, if found guilty, could be subjected to an indefinite commitment order that would be a “flagrant denial” of the European Convention on Human Rights (ECHR). She ruled there was “a real risk” that Giese, if found guilty, could be subjected to an indefinite commitment order that would be a “flagrant denial” of the European convention on human rights (ECHR).
Commitment orders are imposed on “persons of unsound mind” deemed to be dangerous who have been convicted in US criminal courts and served a sentence for sexual offences.Commitment orders are imposed on “persons of unsound mind” deemed to be dangerous who have been convicted in US criminal courts and served a sentence for sexual offences.
California is one of 20 states in the US that have a system of civil commitment, which involves indeterminate confinement in a secure facility.California is one of 20 states in the US that have a system of civil commitment, which involves indeterminate confinement in a secure facility.
The US government appealed, but on 7 October 2015 Coleman’s decision was upheld by the high court. The judges found the Californian legal criteria for deciding who were “persons of unsound mind” incompatible with article 5 (1) of the ECHR, which protects the right to liberty.The US government appealed, but on 7 October 2015 Coleman’s decision was upheld by the high court. The judges found the Californian legal criteria for deciding who were “persons of unsound mind” incompatible with article 5 (1) of the ECHR, which protects the right to liberty.
The US authorities were given time to provide an assurance that there would be no attempt to impose a commitment order on Giese. The US authorities were given time to provide an assurance that there would be no attempt to impose a commitment order on Giese. When the case returned to court on 21 October, the US was given more time to come up with an appropriate assurance. An assurance was eventually offered, but high court judges Lord Justice Aikens and Mr Justice Holroyde ruled it was “not sufficient for us fully to rely on it”.
When the case returned to court on 21 October, the US was given more time to come up with an appropriate assurance. An assurance was eventually offered, but high court judges Lord Justice Aikens and Mr Justice Holroyde ruled it was “not sufficient for us fully to rely on it”. The US government then urged the court to reopen the appeal, or certify the case raised points of law of general public performance that should be considered by the supreme court.
The US government then urged the court to reopen the appeal, or certify the case raised points of law of general public performance which should be considered by the supreme court.
Refusing the application, the high court judges ruled on Friday that the US authorities were not entitled to “have a second go” and put forward a revised form of assurance.Refusing the application, the high court judges ruled on Friday that the US authorities were not entitled to “have a second go” and put forward a revised form of assurance.
The judges held that the US government had been given an opportunity to offer an assurance and ruled: “It cannot now say that the court’s decision not to accept that assurance as sufficient in the circumstances of this case gives rise to real injustice, or that the circumstances are exceptional.”The judges held that the US government had been given an opportunity to offer an assurance and ruled: “It cannot now say that the court’s decision not to accept that assurance as sufficient in the circumstances of this case gives rise to real injustice, or that the circumstances are exceptional.”
They also ruled it was “impossible to argue” that points of law of general importance had been raised by the case.They also ruled it was “impossible to argue” that points of law of general importance had been raised by the case.
Giese is wanted in Orange County, California, on “19 serious charges of sexual offences” against a young boy. He is alleged to have befriended the boy in 1998, when he was working as a voice coach for the All-American Boys Chorus. He fled the US eight years ago just as he was about to stand trial.Giese is wanted in Orange County, California, on “19 serious charges of sexual offences” against a young boy. He is alleged to have befriended the boy in 1998, when he was working as a voice coach for the All-American Boys Chorus. He fled the US eight years ago just as he was about to stand trial.
According to a Mirror newspaper investigation, he set up home with a new partner in the Hampshire countryside. There was no suggestion she knew about his past. Together, the pair built a PR company with clients including travel company Thomas Cook.According to a Mirror newspaper investigation, he set up home with a new partner in the Hampshire countryside. There was no suggestion she knew about his past. Together, the pair built a PR company with clients including travel company Thomas Cook.
The Mirror reported that, through his company, Giese was invited to join Thomas Cook’s digital advisory board and spent more than a year as the firm’s “global head of social media”.The Mirror reported that, through his company, Giese was invited to join Thomas Cook’s digital advisory board and spent more than a year as the firm’s “global head of social media”.