High Court, in European Arrest Warrant proceedings, rejects point of objection based on prison conditions in Lithuania, on the grounds that: the prisons conditions Lithuania are not such as to give rise to a violation of rights guaranteed under Article 3 of the European Convention on Human Rights or Article 4 of the European Charter; efforts are being made to reduce intra prison violence; and Lithuanian authorities had given assurances to the Court about efforts to improve prison conditions and management.
European arrest warrant – High Court had determined that the respondent should be surrendered to Lithuania for the purpose of serving the prison sentence imposed upon him provided that the Lithuanian authorities could address to my satisfaction the concerns raised by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment - conditions in and management of two specific prisons - attempted to address the concerns raised by the CPT rather than to provide an assurance that the respondent will not be required to serve his sentence in either of the prisons - matters of concern as identified by the CPT – prison conditions – inter-prison violence – action plan - availability of drugs in Lithuanian prisons - response of the Lithuanian government - conditions in and management of prisons in Lithuania are not such as to give rise to a violation of rights guaranteed under Article 3 of the European Convention on Human Rights or Article 4 of the European Charter - inter-prisoner violence remains a very significant concern - likely risk posed to the respondent by reason of inter-prisoner violence in prison institutions in Lithuania – whether inter-prison violence could ever be a reason for finding that detention in any particular prison is contrary to Article 3 of the Convention/Article 4 of the Charter - Court is both obliged to have trust and confidence in the assurances and promises of the Government of Lithuania - having regard to: - (i) the contents of the action plan, (ii) the positive reaction of the CPT to the action plan, (iii) the fact that the Lithuanian government has already taken significant steps towards the implementation of the plan and (iv) the assurances given by the Ministry of Justice of Lithuania directly to this Court, ground of objection to the surrender should be rejected - specifically at risk of assault if imprisoned in Lithuania by reason of prior membership of a gang - lacks the necessary cogency and specificity for this argument to have any prospect of success – surrender ordered –