Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court orders the surrender of respondent to Hungary on foot of a European Arrest Warrant, on the grounds that there was no basis for the Court to reject the assurances that have been given as to conditions in the prisons in which he will be held in Hungary and the assurances that his rights under European law will be respected.
European arrest warrant – two warrants – Hungarian authorities seeking respondent’s surrender – failed to provide further information sought in relation to sentences in one of the EAW – surrender refused on that warrant - whether his surrender is prohibited because there is a real risk that he will be exposed to inhuman and degrading prison conditions in Hungary – prison conditions - letter containing assurances - objections to the letter of assurance – procedural objections – substantive objections – caselaw of the UK - concerns about breaches of undertakings in general and his reference to the five cases do not amount to a rebuttal of the mutual trust that this Court should place in the assurances given on behalf of the Hungarian authorities - cases do not amount to evidence of any systematic failure to observe assurances that have been given in the past - mechanism within the legal system for pursuing the breach of fundamental rights - does not establish that there will be a violation of the cell space to be provided - not satisfied that it displayed a pattern of disregard for inmates safety that would mean there is a real risk to this respondent‘s life or to exposure to inhuman and degrading treatment - no suggestion that this particular respondent is a vulnerable person by virtue of mental ill health - no basis for this Court to reject the assurances that have been given as to conditions in the prisons in which he will be held in Hungary and the assurances that his rights under Article 3 ECHR and Article 4 of the Charter will be respected – surrender ordered.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.