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Consent to prosecution in Hungary granted as appellant fails to prove real risk of inhuman treatment in detention
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The Court of Appeal dismissed an appeal from the High Court, upholding a decision to grant consent for the prosecution of the appellant in Hungary for additional offences under a European Arrest Warrant. The High Court had previously determined that, following earlier refusals on procedural grounds, there was no basis to refuse consent once the appellant failed to demonstrate a credible risk of inhuman or degrading treatment if extradited, specifically in relation to the conditions at the designated penal institution. The Court of Appeal agreed that the amended statutory requirements removed judicial discretion from this type of consent application, except where refusal was mandatory under explicit grounds, and held that the evidence offered by the appellant regarding Hungarian prison conditions lacked the necessary credibility and specificity. The appeal was therefore dismissed, affirming the High Court’s order.
European Arrest Warrant – consent to prosecution – extradition – Hungarian prison conditions – inhuman or degrading treatment – mutual trust – Appeal dismissed – High Court order affirmed – speciality rule – judicial discretion removed – burden of proof – Section 22(7) European Arrest Warrant Act 2003 – Framework Decision – Aranyosi & Căldăraru principles – Szombathely National Penal Institution
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