Cabal v United Mexican States [2000] FCA 1892

FEDERAL COURT OF AUSTRALIA

Cabal v United Mexican States [2000] FCA 1892

EXTRADITION – bail – special circumstances – application for bail pending appeal from review of determination of eligibility for surrender – appeal already heard – whether power to grant bail pending determination of appeal – whether Court can consider only circumstances changed since previous bail applications – whether special circumstances – time in prison – continuation of conditions previously held not to be special conditions – continued fear for safety in prison – expressions of concern by judges about treatment – allegation of breach of human rights in respect of conditions of detention previously found not to constitute special circumstances – role of human rights instruments in determining whether there are special circumstances – confidence of acquittal in extradition country – effect on family of person imprisoned – deterioration of mental condition – conditions on which bail granted. WORDS & PHRASES – "special circumstances", "conducted", "heard" Extradition Act 1988 (Cth) ss 21, 53 Acts Interpretation Act 1901 (Cth), s 15AA Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 3, 11, 27 Cabal v United Mexican States [2000] FCA 7, followed Cabal v United Mexican States (No 2) [2000] FCA 295, considered Cabal v United Mexican States (No 5) [2000] FCA 525, considered Cabal v Secretary, Department of Justice (Victoria) [2000] FCA 949, cited Cabal v Secretary, Department of Justice (Victoria) [2000] FCA 1227, cited Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70, discussed Brandy v Human Rights & Equal Opportunity Commission (1995) 183 CLR 245, applied Holt v Hogan (No 1) (1993) 44 FCR 572, considered CARLOS CABAL PENICHE AND MARCO PASINI BERTRAN v UNITED MEXICAN STATES AND LISA HANNAN M V 700 OF 2000 GRAY J 20 DECEMBER 2000 MELBOURNE