UK High Court blocks extradition to Albania on grounds of a flagrant denial of justice

The High Court has refused a renewed extradition request from Albania for Ilirian Zeqaj, a British citizen accused of participating in a 1999 double murder. The Court held that returning Zeqaj would expose him to a flagrant denial of justice, violating Article 6 ECHR, due to serious procedural failings in Albanian proceedings (see judgment here).

Background

The extradition request relates to the fatal shooting of two men in rural Albania in 1999, allegedly as revenge for the murder of a child. Zeqaj left Albania that year and settled in the UK, where he was later granted asylum and British citizenship.

In 2013, following Albania’s first extradition request, Zeqaj was extradited and retried. He was acquitted in 2014 and returned to the UK. The Albanian prosecutor’s appeal was dismissed in 2015 by the Court of Appeal of Vlora. However, two years later, in 2017, following a further appeal by the prosecution’s office, the Albanian Supreme Court quashed his acquittal and ordered a second retrial. This decision made without informing Zeqaj or his lawyer, contrary to both Albanian and international standards.

A new extradition request followed in 2020. The District Judge ordered extradition in 2024, but Zeqaj appealed.

The High Court's Ruling

The Divisional Court allowed Zeqaj’s appeal under Section 87 of the Extradition Act 2003, holding that extradition would violate Article 6. The Court identified three cumulative breaches amounting to a flagrant denial of fair trial rights:

(i) Lack of notification and legal representation

Zeqaj was not told about the prosecutor’s 2017 appeal to Albania’s Supreme Court, nor allowed to participate or instruct his lawyer. The Court found this violated his fundamental right to defend himself or be represented by counsel of his choosing, a breach not cured by the appointment of a state lawyer who appeared to make no substantive submissions.

(ii) A tainted judicial panel

The five judges who ordered the retrial were subsequently dismissed under Albania’s judicial vetting reforms. Regardless of the reasons for which they were dismissed from judicial office, the High Court held that the State’s own vetting process confirmed their unfitness for office, suggesting systemic procedural unfairness. The Court thus held that the panel of the Albanian High Court that adjudicated Zeqaj’s appeal was not an “independent and impartial tribunal” for the purposes of Article 6 ECHR.

(iii) Unreasonable delay

Despite the retrial being ordered in 2017, Albanian proceedings had stalled for years. The retrial was only restarted in 2020 and remains unresolved. The Court described this delay – over eight years with no conclusion in sight – as an unjustified breach of the “reasonable time” guarantee under Article 6 § 1 ECHR.

This judgment is extremely significant in the broader context of Albania's justice system, where chronic delays in criminal proceedings and the widespread dismissal of judges through the ongoing vetting process have raised serious concerns about fair trial guarantees. By refusing extradition on the basis of a flagrant denial of justice, the UK High Court underscores that systemic procedural deficiencies can render extradition incompatible with fundamental rights.

Case: Zeqaj v. Republic of Albania [2025] EWHC 1670 (Admin)

Court: Divisional Court (Popplewell LJ, Saini J)

Date: 2 July 2025

Outcome: extradition denied