Cabal v United Mexican States (No 5) [2000] FCA 525

FEDERAL COURT OF AUSTRALIA

Cabal v United Mexican States (No 5) [2000] FCA 525 EXTRADITION – release from custody pending hearing – second application for bail – application confined to matters after first bail application – special circumstances – conditions of detention – alleged restrictions on use of prison telephone – transportation to and from prison – alleged restrictions on number and type of professional and personal prison visits – concerns for the health and safety of applicants in prison – nature of other inmates in prison unit – psychological health of applicants and their families. Extradition Act 1988 (Cth): s 21(6), s 53 Holt v Hogan (No 1) 44 FCR 572 cited

CARLOS CABAL PENICHE & MARCO PASINI BERTRAN v UNITED MEXICAN STATES & ANOR (No 5) V 728 of 1999 GOLDBERG J MELBOURNE 20 APRIL 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: 20 APRIL 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. The application by each of the first applicant and the second applicant filed on 9 February 2000 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 filed 17 December 1999 has been conducted is dismissed. 2. The costs of the application be reserved for further consideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No V 728 of 1999

BETWEEN: CARLOS CABAL PENICHE