Ben Joyes

Practice Areas

• OVERVIEW

Ben’s practice is focused upon cases that have an international dimension. He specialises in international criminal and humanitarian law, extradition, business crime and international human rights law.

Ben has acted in some of the most high-profile international criminal cases of the last decade. In England, he regularly represents individuals and requesting states in complex extradition proceedings at first instance and on appeal. He advises multinational corporate clients and prosecuting authorities on investigations involving sanctions and cross-border corruption.

As a result of his background in global investigations and fast-paced international litigation, Ben recognises the value in taking a collaborative approach in complex, document-heavy cases. He has operated in adversarial and inquisitorial systems and, similarly, has experience before tribunals that adhere to both the civil and common law traditions. Ultimately, Ben’s broad international practice ensures that he remains a versatile advocate, both orally and on paper.

• EXTRADITION AND INTERPOL

Ben is a specialist extradition barrister with a busy practice that sees him appear regularly before the English courts at all levels.

Ben recognises the importance of providing prompt advice to achieve the best possible outcome at the extradition hearing. Calling upon his extensive international network, Ben advises on the instruction of experts to provide evidence in court or to progress matters in foreign jurisdictions.

Ben frequently appears in leading extradition appeals. Recent notable cases have concerned Art. 3 ECHR and prison conditions in requesting states (Poland, Greece, Romania), s.17 of the Extradition Act 2003 and the availability of specialty protection (Romania) and the applicability of judicial review principles to decisions made by first instance extradition courts.

Ben has a strong track record representing clients at first instance and on appeal, and he has enjoyed recent success with a broad range of arguments (see notable cases and linked articles below).

Ben also advises on matters beyond the narrow focus of extradition proceedings before the English courts, including INTERPOL, transferral of sentence to the UK, withdrawal of requests following successful challenge, and import extradition. Recent successes arising out of Ben’s advisory practice include both the withdrawal of an EAW/INTERPOL notice by the Gibraltarian authorities, and the rejection of a high-profile Romanian extradition request by a court in Greece.

• INTERNATIONAL CRIME

Ben has significant defence experience before the international tribunals, most notably in seminal cases before the International Criminal Court. He is comfortable dealing with the vast volumes of evidence that are commonplace in international litigation. Experienced operating in hostile conditions, he conducts sensitive defence investigations with care and precision. In both Kenya and Cambodia, Ben interviewed sensitive witnesses and provided legal assistance to police, military and communications experts. He has worked closely with intelligence professionals on the collection and analysis of complex financial and communications evidence. He was recently instructed to advise and represent an individual summonsed by the Specialist Prosecutor’s Office and the Kosovo Specialist Chambers.

• BUSINESS CRIME AND SANCTIONS

Ben’s white-collar practice focuses on cross-border investigations involving business crime and fraud.

He has advised investigating authorities and corporate clients on sanctions and corruption-related investigations initiated by the Serious Fraud Office, Financial Conduct Authority, US Department of Justice and the Office of the Attorney General of Switzerland. He has experience advising on and challenging sanctions designations issued by a range of entities, including the UN, UK (OFSI/FCDO), US (OFAC) and EU.

Ben has extensive expertise in disclosure in complex fraud cases. For several years, he was instructed by the Serious Fraud Office to lead a disclosure team in a document-heavy prosecution brought under the Bribery Act 2010 and the Proceeds of Crime Act 2002.

• INTERNATIONAL HUMAN RIGHTS AND CAPACITY BUILDING

Ben has expertise in regional tribunals, including the European Court of Human Rights, Court of Justice of the European Union, African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights and the Southern African Development Community Tribunal.

Ben provides practical advice on investigations, as he has significant experience managing projects concerned with the documentation and analysis of potential breaches of international human rights law. Once proceedings have commenced, Ben is able to draw upon his considerable experience before the international tribunals to ensure that all applications – whether oral or written – are prepared and delivered with forensic precision.

Ben has significant experience conducting capacity building projects overseas. He has designed and delivered training courses on human rights, fair trial standards and ethics for the benefit of judges and lawyers based in the Middle East. Ben also spent time at a human rights organisation in Phnom Penh, Cambodia, where he helped to develop a nation-wide trial monitoring project and advised on land rights and land-grabbing.

Professional Memberships

• CPS:

Specialist Extradition Advocate Panel

• Serious Fraud Office:

Advocate Panel

• International Criminal Court:

List of Counsel

• Kosovo Specialist Chambers:

List of Counsel

• Extraordinary Chambers in the Courts of Cambodia:

List of Legal Consultants

• Defence Extradition Lawyers Forum:

Committee Member

• International Bar Association War Crimes Committee:

European Liaison Officer

Work Highlights

NOTABLE CASES: EXTRADITION

• Dobrowolski v Poland [2023] EWHC 763 (Admin):

successful appeal against extradition, in which the High Court clarified the significance of Polish early release provisions in the context of Article 8 ECHR.

• Stafi v Romania [2023] EWHC 429 (Admin):

successful appeal concerning retrial rights in Romania under s.20(3) EA 2003.

• Sikora v Poland [2022] EWHC 3516 (Admin):

successful judicial review of decision of first instance extradition judge to proceed to a full extradition hearing in the absence of the requested person.

• Marinescu and Others v Romania [2022] EWHC 2317 (Admin):

Divisional Court case considering Article 3 ECHR and Romanian prison conditions.

• Nonea v Romania [2021] EWHC 69 (Admin):

case considering the impact of Enasoaie v Romania in the context of specialty (section 17 of the Extradition Act 2003) and the disaggregation of sentences in Romanian courts.

• Greece v Hysa and Others [2022] EWHC 2050 (Admin):

successfully defended CPS appeal against District Judge’s decision to discharge client due to insufficient personal space in multioccupancy cells at Thessaloniki Prison

• Romania v ZY [2022] Athens Court of Appeal:

advised Mr ZY’s Greek legal team in respect of politically motivated extradition request issued by Romania. On appeal, the Athens Court refused to extradite Mr ZY.

• Litwinczuk, Lukaszek & Tadaszak v Poland [2021] EWHC 2735 (Admin):

lead case on Polish prison conditions and Article 3 ECHR.

• Enasoaie v Romania [2021] EWHC 69 (Admin) [2021] A.C.D. 37:

lead Divisional Court case considering specialty (section 17 of the Extradition Act 2003) and the disaggregation of sentences in Romanian courts.

• R (Klocek) v Westminster Magistrates’ Court [2020] EWHC 1632 (Admin):

Divisional Court case considering the ‘exceptional’ nature of the remedy of judicial review in extradition proceedings.

• Celczynski v Poland [2019] EWHC 3450 (Admin) [2020] 4 W.L.R. 21 [2020] A.C.D 27:

case considering the extent of the High Court’s judicial review jurisdiction in extradition proceedings.

NOTABLE CASES: INTERNATIONAL CRIME

• Mr XY - Kosovo Specialist Chambers:

engaged as counsel to represent a person summonsed by the Specialist Prosecutor’s Office.

• The Prosecutor v. Dominic Ongwen - International Criminal Court:

acted as legal consultant for the defence team representing Dominic Ongwen, the first former child soldier to be tried at the Court.

News story here

• Case 004/02 - Extraordinary Chambers in the Courts of Cambodia:

instructed as legal consultant to represent Ao An, an alleged former Khmer Rouge leader accused of genocide, crimes against humanity and violations of the 1956 Cambodian Penal Code. On 10 August 2020, the Supreme Court Chamber of the ECCC issued a landmark ruling terminating the proceedings against Ao An. Following 13 years of investigation, the Court could not agree that it had jurisdiction to prosecute Mr Ao An.

• The Prosecutor v. Uhuru Kenyatta - International Criminal Court:

acted as long-term member of the defence team that represented Uhuru Kenyatta, the former President of Kenya, before the ICC. Ben played a key role in laying bare the investigative flaws in the Prosecution’s case that eventually led to the withdrawal of all charges and the termination of the case against President Kenyatta by Trial Chamber V(B).