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High Court, on foot of a European arrest warrant, orders the surrender of the respondent to Latvia, on the grounds that: the respondent’s personal circumstances are not so “truly exceptional” as to justify a refusal of surrender; and therefore the court is not satisfied that there are substantial grounds for believing that there is a real risk that, if surrendered, the respondent’s conditions of detention would amount to inhuman or degrading treatment in breach of the European Convention on Human Rights or in breach of his right to bodily integrity or any other rights under the Constitution.
European arrest warrant – Latvian authorities seeking the surrender of the respondent – custodial warrant – surrender sought in order to enforce a sentence of 1 year and 11 months’ imprisonment - diagnosed with advanced cirrhosis of the liver, probably as a result of hepatitis C and has a device fitted to perform the functions of his liver and type 2 diabetes - fear that his partner’s health will deteriorate if he is surrendered – affidavits – access to medical care in Latvia - application to stay the execution of the sentence due to his serious illness was rejected - Court sought further details from the issuing judicial authority as regards measures that would be taken to deal with the risk posed by unsanitary conditions to the health of the respondent - prison conditions are regularly assessed by both international institutions and domestic organisations - not satisfied that there are substantial grounds for believing that there is a real risk that, if surrendered, the respondent’s conditions of detention would amount to inhuman or degrading treatment in breach of Article 3 of the European Convention on Human Rights (“the ECHR”) or in breach of his right to bodily integrity or any other rights under the Constitution - Article 8 ECHR in the context of European arrest warrant proceedings - respondent’s personal circumstances are not so “truly exceptional” as to justify a refusal of surrender – surrender ordered –
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