Brazil v G. – Drug smuggling case collapses
Have you got a question?
Our excelling Extradition team – Gitana Megvine and Ruta Mikailaite teamed up with Malcolm Hawkes at Doughty Street Chambers and successfully secured the discharge of a Portuguese national, Mr. G from an extradition request from the government of Brazil to the UK. The case collapsed after a Sao Paulo court ruled that the evidence was unlikely to be capable of convicting the requested person and the Westminster Magistrates Court found a real risk of a breach of Article 3 of the European Convention on Human Rights.
The result comes almost a calendar year after Mr. G was arrested on an accusation basis. His legal team argued throughout the case that there was no prima facie case or case to answer as the entirety of the prosecution case rested upon the hearsay evidence of a convicted co-defendant. That co-defendant alleged a third-party told him that Mr. G had paid for the drugs he was to smuggle from Brazil to Europe, allegations which Mr. G had always strenuously denied and for which there was no independent evidence.
Mr. G’s legal team attacked the case from all angles, including the question of Brazilian prison conditions. Relying upon the expert evidence of renowned prison expert, Prof. Juan Mendez, who travelled to Brazil and inspected Itai prison, Mr. G was able to demonstrate that the conditions there would clearly breach the UK’s obligations under Article 3 of the Convention. Moreover, Prof. Mendez also found that the client would likely also be held in squalid and dangerously overcrowded conditions in Sao Paolo pending transfer.
The Brazilian government then attempted to claim the client could be held at yet another prison, this time in Brasilia (Papuda prison); yet the evidence was clear that conditions at that prison would be even worse than in Sao Paolo or at Itai. The case then collapsed following a habea corpus challenge brought on behalf of Mr. G by Teixeira Advocates in Sao Paolo before the Brazilian government was able to propose anywhere else.
In Brazil v G, a first instance decision.
-
Aviation House, 125 Kingsway
London WC2B NH
United Kingdom
- (+44) 020-3051-5060
Book a call back
Share this article
Got a question?
Please complete this form to send an enquiry. Your message will be sent to one member of our team.
Related posts

European Aviation at a Crossroads: Regulation, Competitiveness and Crisis Readiness
21st May was the closing date for the European Commission’s Call for Evidence on the proposed EU Aviation and Aeronautics Strategy, which only

Upcoming ECJ Decision on Airline Liability in Security Check Delay Cases
Dear Ladies and Gentleman, please fasten your seat belts +++ turbulences expected in the wake of a new ECJ judgment (case T-656/24) +++

Austria Updates its Aircraft Registration Framework
What has changed under the 2026 amendment to the Austrian Aviation Act Austria has recently introduced a number of changes affecting the registration

The Hidden Global System Behind Aviation: Leasing, Tax, and Legal Architecture
Commercial aviation is one of the most globalized industries in the world – yet the legal and financial structures behind it remain largely