Traljesic v Bosnia and Herzegovina [2016] FCA 383

FEDERAL COURT OF AUSTRALIA

Traljesic v Bosnia and Herzegovina [2016] FCA 383 File number: VID 497 of 2015

Judge: MORTIMER J

Date of judgment: 20 April 2016

Catchwords: EXTRADITION – review under s 21 of the Extradition Act 1988 (Cth) – extradition objection – section 7(c) of the Extradition Act 1988 (Cth) – whether substantial grounds for believing applicant may be punished by reason of his political opinions or religion if extradited – meaning of 'punished' in s 7(c) of the Extradition Act 1988 (Cth) – state responsibility for conduct of prisoners – relevance of duty of care to prisoner EVIDENCE – applicability of rules of evidence in reviews under s 21 of the Extradition Act 1988 (Cth) – applicability of ss 59 and 135 of Evidence Act 1995 (Cth) to exclude documents that were before the Magistrate in decision under review

Legislation: Criminal Code of the Federation of Bosnia and Herzegovina Arts 28, 166, 323 Extradition Act 1988 (Cth) ss 3, 5, 7, 7(a), 7(b), 7(c), 12(1), 15(2), 16(1), 19, 19(1), 19(2), 19(2)(d), 19(6), 19(7), 19(8), 19(9), 21, 21(1)(a), 21(2)(b), 21(6)(d), 21A, 21A(2), 21A(2)(a), 21A(2)(d), 22, 22(3)(f), 22(5) Extradition Act 1989 (UK) s 6(1)(d) Extradition Act 2003 (UK) s 13(b) Judiciary Act 1903 (Cth) s 39B Evidence Act 1995 (Cth) ss 4, 59, 135, 135(a), 135(b) Extradition Bill 1987 (Cth) Extradition (Bosnia and Herzegovina) Regulations 2009 (Cth) reg 4 Federal Court Rules 2011 (Cth) r 4.12