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High Court, in European Arrest Warrant proceedings, orders the respondent to be surrendered to the Romanian authorities in respect of the charges of creating an organised criminal group in order to commit murder, and the offence of aggravated murder, but refuses surrender in relation to the offences of attempted aggravated murder and aggravated robbery, on the grounds that: these offences are not the subject of extra-territorial jurisdiction by Ireland; and the respondent’s surrender does not give rise to a real or substantial risk that he will be subject to inhuman or degrading treatment if convicted on the charges set out in the warrant.
European arrest warrant – Romanian authorities seeking the surrender of respondent - four criminal offences - initiating or creating an organised crime group or joining or supporting such a group – aggravated murder - attempt to commit aggravated murder – aggravated robbery – offences committed in Ireland – not intended to prosecute him here - points of objection - commission of offence outside issuing state – extraterritoriality - organised crime – conspiracy – Court determines that the two offences of attempted murder and aggravated burglary or robbery which are the corresponding offences in Ireland to attempted aggravated murder or aggravated robbery are not the subject of extra-territorial jurisdiction by Ireland - surrender not ordered in relation to these offences - prison conditions in Romania – requests for further information - legal principles applicable – alleged violation of Article 3 of the ECHR – prohibition against torture and inhumane treatment - surrender does not give rise to a real or substantial risk that he will be subject to inhuman or degrading treatment if convicted on the charges set out in the warrant – ordered that the respondent be surrendered to the Romanian authorities in respect of the charges of creating an organised criminal group in order to commit murder and the offence of aggravated murder -
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