Cabal v United Mexican States [2000] FCA 7

FEDERAL COURT OF AUSTRALIA

Cabal v United Mexican States [2000] FCA 7 EXTRADITION – release from custody pending hearing – meaning of "special circumstances' whether period of detention is a special circumstance – conditions of detention and transportation as special circumstances – arbitrary and discriminatory treatment during transportation. WORDS & PHRASES – "special circumstances" Extradition Act 1988 (Cth): s 21(6) Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70 considered Wu v Attorney‑General of the Commonwealth (1997) 79 FCR 303 cited Bertran v Minister for Justice (1999) 165 ALR 155 considered Holt v Hogan (No 1) (1993) 44 FCR 572 cited Kingdom of Thailand v Saxena (1998) 129 CCC (3d) 518 cited CARLOS CABAL PENICHE & MARCO PASINI BERTRAN v UNITED MEXICAN STATES & ANOR V 728 of 1999 GOLDBERG J MELBOURNE 4 JANUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No V 728 of 1999

BETWEEN: CARLOS CABAL PENICHE

First Applicant

MARCO PASINI BERTRAN

Second Applicant

AND: UNITED MEXICAN STATES

First Respondent

LISA HANNAN M

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 4 JANUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application by each of the first applicant and the second applicant by way of interim relief, filed on 17 December 1999, for an order pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth) that they be released on bail until the review sought by their application herein has been conducted is dismissed. 2. Liberty is reserved to the applicants to apply further for release on bail consistently with the reasons for this judgment. 3. The issue of the costs of the hearing be reserved for further consideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules