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Surrender of accused to Croatia approved despite concerns over prison conditions and fair trial rights
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The High Court has ordered the surrender of an individual to Croatia under a European Arrest Warrant (EAW) for prosecution of alleged offences against public order and personal freedom. The court dismissed objections regarding the competence of the issuing judicial authority, correspondence with Irish law, clarity of the warrant, potential human rights violations in Croatian prisons, and the risk of an unfair trial. The court found that the offences corresponded with Irish law and that the EAW met the necessary requirements. Assurances from Croatian authorities regarding prison conditions were deemed sufficient, and concerns over trial delays and judicial backlogs were considered more appropriately addressed in Croatia.
European Arrest Warrant (EAW), surrender, Croatia, High Court, public order offence, personal freedom offence, issuing judicial authority, correspondence with Irish law, prison conditions, fair trial, European Convention on Human Rights (ECHR), Non Fatal Offences Against the Person Act 1997, Public Order Act 1994, mutual trust and recognition, Framework Decision, Article 3 ECHR, Article 6 ECHR, Committee for the Prevention of Torture (CPT), US State Department Report, Croatian Ombudsman, European Court of Human Rights (ECtHR), assurances, Section 16 of the 2003 Act.
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.
