No arguable point established in arrest warrant proceedings in relation to prison conditions in Lithuania

European arrest warrant – prosecutorial warrant – authorities in Lithuania seeking the respondent’s surrender – terrorism – acquisition of firearms – attempt to smuggle – procedural history - a member state that has given effect to the 2002 framework decision – points of objection – double criminality – extraterritoriality – prison conditions – argues that no decision to try him has been made – whether there is any conflict between Supreme Court judgments - resumption that a decision has been made to charge the person with and try him or her for that offence in the issuing State unless the contrary is proved - whether there is cogent evidence to rebut the presumption - respondent has never presented evidence that no decision in this case has been taken to charge him with or try him for the alleged offences – information from issuing authority demonstrates an intention to put the respondent on trial as is indicated by the fact that there is a high probability that a bill of indictment will be lodged against him - EAW has been issued with a view to putting him on trial for these matters – fair trial – claims that the criminal process in Lithuania is fundamentally deficient - mutual trust and comity – presumption that fundamental rights of the respondent will be protected - limited translation of documents - Translation Directive – directive has now been transposed - principle of mutual trust and confidence, especially where the law of the Member State requires compliance, would outweigh any evidence regarding the factual situation in another case heard a number of years ago – additional information makes reference to the law as pertaining to the rights of accused persons to a translator – additional information dealt with the fair trial concerns in relation to the other case – alleged abuse of process - already been the subject of an application in the Irish High Court and in the courts of the United Kingdom of Great Britain and Northern Ireland – delay – alleged breach of family and personal rights - disproportionally interfere with his family life – no specific family concerns – whether it is oppressive and an abuse of process to surrender the respondent – case law in relation to abuse of process - fact of a repeat application appears to be a required starting point for this type of abuse of process - public interest - the motive in seeking surrender on EAW 2 is not in itself improper or mala fides – delays caused by appeals - responsibility of Lithuania to have a prison system that respected the most basic and essential fundamental human rights – no specific prejudice - satisfied that individually or cumulatively there is no abuse of process – circumstances of the case do not reach a level of unjust harassment or oppression that means it would be an abuse of the processes of this Court to surrender him – other developments – surrender ordered.