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The High Court has refused the surrender of an individual to Croatia under a European Arrest Warrant, for prosecution on the offence of 'swindling' (leaving a rented apartment without paying) citing a real risk of inhuman or degrading treatment in Croatian prison conditions. The decision was based on evidence indicating systemic deficiencies in detention facilities, particularly in Zagreb Prison, where the individual would likely face overcrowding and insufficient personal space. Despite assurances from Croatian authorities, the court determined that the potential for detention conditions to fall below the minimum standard of personal space, even occasionally, could not be adequately compensated by the proposed mitigating factors.
European Arrest Warrant (EAW), surrender refusal, inhuman or degrading treatment, Croatian Criminal Code, swindling, pre-trial detention, Zagreb Prison, overcrowding, European Convention on Human Rights (ECHR), Article 3, Council Framework Decision 2002/584/JHA, Schengen Information System (SIS II), European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Muršić v. Croatia, personal space in detention, mutual recognition and trust, fundamental rights.
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.
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