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High Court, on foot of a European Arrest Warrant, orders the surrender of a man to the United Kingdom for prosecution for murder and attempted murder, on the grounds that: the warrant was not ambigious; there are corresponding offences in this jurisdiction; there is no authority for the proposition that the fact that there is no transfer of sentence available if he is convicted of attempted murder is oppressive and arbitrary and contrary to law; and the prison conditions in the UK do not give rise to a real risk that he his rights not to be tortured, or subjected to inhumane or degrading treatment would be violated.
European arrest warrant – prosecutorial warrant – two offences – murder and attempted murder - gang-related case – pre-planned - asserts that if he is convicted in the United Kingdom of the offences described in the EAW he wishes to be returned to this country to serve his sentence - if he is convicted in respect of the attempted murder charge he will face a determinate sentence, and at present requests for the transfer of determinate sentences from the United Kingdom to Ireland are not being processed because of the absence of legislation – prison conditions - concerned for his safety and well-being if returned to the United Kingdom – attacks on his aunt’s property - life has been openly threatened on social media - believes that his life would be in danger if he is incarcerated in the United Kingdom – points of objection - ambiguity in EAW – lack of correspondence - no transfer of sentence available - no authority for the proposition this is oppressive and arbitrary and contrary to law - does the arrest warrant precede the EAW? - fact that the warrant and the EAW bear the same date does not create any uncertainty or ambiguity, and nor does it alter the general obligation of the Court to presume that these procedures have been correctly followed - exposed to a real risk of inhumane and degrading treatment and/or torture - inter-prisoner violence - reports of the Chief Inspector – prison conditions – caselaw - failed to put forward any objective evidence that he personally is at a greater risk than anybody else in the prison population - presumption that the requesting state will respect the fundamental rights of the requested person – surrender ordered
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