High Court makes an order for the surrender of the respondent to Romania in respect of the offences of creation of an organised crime group and incitement to aggravated murder, on the grounds that: the court is not satisfied that there are substantial grounds for believing that there is a real risk that, if surrendered, the respondent will be subjected
to inhuman or degrading treatment in breach of international human rights obligations.
European arrest warrant - applicant seeks an order for the surrender of the respondent to Romania pursuant to a European arrest warrant dated 9th June, 2020 (“the EAW”) - EAW seeks the surrender of the respondent for prosecution in respect of 5 serious offences alleged to be related to a criminal organisation - court not satisfied that there are substantial grounds for believing that there is a real risk that, if surrendered, the respondent will be subjected to inhuman or degrading treatment in breach of Article 3 ECHR or Article 4 of the Charter of Fundamental Rights of the European Union - shall be presumed that an issuing state will comply with the requirements of the Framework Decision unless the contrary is shown - Framework Decision incorporates respect for fundamental rights - presumption contained in s. 4A of the Act of 2003 not rebutted - surrender not incompatible with the State’s obligations and nor would it contravene any provision of the Constitution.