Visit JCPCUKSC/2026/0081
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EXTRADITION
Haxhia and others (Respondents) v The Government of of the Republic of Albania (Appellant)
Case summary
Case ID
UKSC/2026/0081
Parties
Appellant(s)
The Government of the Republic of Albania
Respondent(s)
Edmond Haxhia
Harriet Bridgeman
Harry Simpson
Thomas Mithan
Steven Hunt
Issue
Can the judge send a case to the Home Secretary under section 93 of the Extradition Act 2003 where the person is to be extradited for prosecution for an offence not specified in the extradition request certified under section 70?
Facts
Edmond Haxhia, Thomas Mithan, Harry Simpson, Harriet Bridgeman and Steven Hunt (“the respondents”) are said to have taken part in a plan that led to the death of Adrian Nikulaj. Mr Nikulaj was killed in Albania and is said to have been shot by Ruben Saraiva. Mr Saraiva is on trial in Albania charged with murder. The Republic of Albania made extradition requests to the Home Secretary. The same provisions of the Albanian Criminal Code were cited in each request: “Murder due to blood feud” under article 78/a and “Manufacture and illegal possession of firearms and ammunition” under 278/1, read with the definition of complicity under article 25 of the Albanian Criminal Code. Those extradition requests were subsequently certified by the Home Secretary as valid under section 70 of the Extradition Act 2003 (“the 2003 Act”). In the course of the extradition hearing, the requests made by the Albanian government changed. When the Home Secretary issued the certificates, the requests were for extradition for the purpose of prosecuting each person under articles 78/a and 278/1 of the Albanian Criminal Code. By the conclusion of the extradition hearing, the requests were for extradition for the purpose of prosecution of “Premeditated murder” under article 78 of the Albanian Criminal Code, read with article 25. The District Judge concluded that each case should be sent to the Home Secretary to decide whether to order the extradition of the relevant individual under section 93 of the 2003 Act. The Home Secretary ordered that each person be extradited to Albania for the charges identified in the extradition requests. The respondents appealed against the District Judge’s decision to send the cases to the Home Secretary under section 103 of the 2003 Act. In addition, each respondent applied for judicial review of the Home Secretary’s extradition orders. The High Court allowed both the appeals and the judicial review claims based on the mis-match between the extradition requests (which had referred only to offences under article 78/a and 278/1 read with article 25) and the extradition later ordered (for offences under article 78 read with article 25). The extradition orders were quashed. Albania and the Home Secretary now appeal to the Supreme Court.
Date of issue
10 June 2026
Case origin
PTA
