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In its unanimous judgment, the appeal court judges said: "The [MoJ] guidance is not compatible with article 6(1) [of the European convention on human rights which guarantees a fair trial] and article 47 [of the EU charter of fundamental rights].
He was therefore satisfied that sections 1(1) and 4(1) are compatible with Article 10 of the ECHR.
The guidance is not compatible with article 8 of the convention [right to family life] in immigration cases.
That test, it will be argued, is not compatible with article 2 of the European convention which protects the right to life.
The judgment said: "For a life sentence to remain compatible with article 3 there had to be both a possibility of release and a possibility of review".
Backed by civil rights group Liberty, the MPs are seeking a declaration from the high court that the act is not compatible with article 8 of the European convention on human rights, which guarantees the right to a private life.
The court's grand chamber had found that "there must be both a prospect of release and a possibility of review" for a life sentence to be compatible with article 3 of the human rights convention, which bans "inhuman or degrading treatment or punishment".
The question for the court, asked by a court in Belgium in a case brought by a consumer group, was whether the rules were compatible with article 6(2) of the European Union Treaty, which states that the Union shall "respect fundamental rights", as guaranteed by the European Convention on Human Rights.
"It is entirely a matter for the government of the United States whether they wish to give any such assurances but it seems to us that it is only with the provision of such assurances that, in the light of the judgment of the Strasbourg court in this particular case, extradition of the claimant would be compatible with article 3".
Last July, delivering judgment in a case called Vinter, the Strasbourg court had said "there must be both a prospect of release and a possibility of review" for a life sentence to be compatible with article 3. Crucially, the European judges said, that review mechanism must exist at the time the sentence is passed; Thomas, speaking for a five-judge court of appeal, said it did.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com