A judge at the London High Court has overturned a decision by the British Home Office regarding the extradition of a young Portuguese hacker to the United States, where he could face up to 52 years in prison for cybercrimes.
The magistrate determined that Diogo Santos Coelho, 25, was influenced by adults online from the age of 14, which led to the creation of the RaidForums website, reportedly facilitating the sale of millions of euros worth of American corporate data, according to The Guardian this Friday.
Judge Linden argued that former Home Secretary James Cleverly should have considered “Coelho’s proximity to family and friends, his connection to the respective legal systems, his rights, and the likely outcomes in the criminal process, as well as his rights to support regarding his mental health, given his status as a victim of modern slavery.” He emphasized, “the applicant’s diagnosis with autism and other mental health issues, as well as the risk of suicide, are significant aspects of the circumstances.”
Both Portugal and the United States submitted extradition requests for the young man, who is considered to be at a very high risk of suicide. He even confessed that he feared for his life if detained in an American prison. Nevertheless, last year, Cleverly decided that the United States’ request should take precedence over Portugal’s.
The magistrate further emphasized that, in his view, Diogo Santos Coelho should have been given the opportunity to present arguments before the minister’s decision, as should both countries. Now, the current Home Secretary, Shabana Mahmood, must reassess the case, allowing the young man to present reasons why the Portuguese request should be prioritized.
The lawyer for the Portuguese hacker, currently in preventive detention in the UK and facing an extradition request from the United States, advocates for extradition and trial in Portugal, pledging cooperation with Portuguese authorities.
In Linden’s view, the original decision was based on the incorrect assumption that all crime victims were in the United States when a primary affected party was the Portuguese state.
“After years of feeling trapped in a nightmare, this decision feels like the first ray of light. I feel that I have been genuinely heard, that the High Court examined the real facts of my case, recognized the injustice of the situation, and gave me hope that my life doesn’t have to remain in this limbo forever,” reacted Diogo Santos Coelho, quoted by the same outlet.
He added, “My position has always been clear and has never changed: I agreed to the extradition to Portugal, my homeland, and am fully prepared to face the judicial system there. I have never tried to evade responsibility, only to be treated justly and humanely. This decision has lifted a huge weight off my shoulders, and I hope the Home Secretary will now respect the clear decision of the court and allow this to happen.”
Diogo Santos Coelho was arrested on January 31, 2022, at Gatwick Airport in the UK, while on his way to visit his mother. The young man is suspected of creating and managing the RaidForums platform, which facilitated the exchange of large amounts of stolen online data, including credit card numbers, bank account details, and access passwords, in alleged cryptocurrency payments.
