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03.03.2019

Administrative Court Overturns Second Extradition Order

Written by Harun Martin

In another recent success for National Legal Service Solicitors, the Administrative Court  overturned a decision to extradite a man to Poland for a second time as a disproportionate interference with his human rights.

 

Our client had been extradited to Poland in 2009 for an assault offence.  He had been released from Polish prison for good behaviour and was free to return to the U.K.  It took our client many months to recover from the experience and to re-establish himself in this country.

 

Some nine years later, the same Polish court – indeed, the same judge – who had dealt with him in 2009 sought our client’s (re) extradition in relation to an offence dating back to 2005.  No reason was given as to why this had not been dealt with in 2009.  Indeed, the Judicial Authority did not disclose the previous extradition, even when specifically asked about it by the CPS here.  It was good fortune that our client had retained documents from 2009 confirming that he had already been extradited to Poland.

 

At the full hearing, we argued that extradition now would be disproportionate, oppressive and amount to an abuse of process given the apparent lack of candour on the part of the judicial authority.  The District Judge rejected these arguments, surprisingly finding our client to be a fugitive from Poland, notwithstanding that he had surrendered to Poland and had been dealt with and released.

 

The Administrative Court found that there was no evidence to suggest that our client was a fugitive and that it was now far too late to seek his extradition for the 2005 matter.  We are delighted that our client will now not have his life disrupted again and can continue to blossom in this country with his family.