Prison conditions in Greece give rise to real risk of inhuman and degrading treatment

European arrest warrant – prosecutorial warrant – Greece seeking surrender of respondent for trial for 7 offences – respondent argued that there were substantial grounds for believing that the respondent is at real risk of being subjected to inhuman and degrading prison conditions in Greece - Law Reform v. Rettinger [2010] 3 IR 783 - real risk of ill-treatment -  evidential burden on the respondent to adduce cogent evidence capable of proving that there are substantial grounds for believing that he or she would be exposed to a real risk of being subjected to treatment prohibited by Article 3 of the European Convention on Human Rights - court is required to be forward looking in its approach and it also must engage in a rigorous examination of the information placed before it - court must be mindful of the presumption that an issuing state will comply with its obligations regarding fundamental human rights - must be substantial grounds for believing that following surrender a person will run a real risk of being subject, in the issuing member state, to inhuman or degrading treatment - Committee for the Prevention of Torture - case law of the European Court of Human Rights – report of a Greek criminal lawyer – response of the Greek authorities – evidence in relation to the respondent’s poor health - malignant melanoma - dysplastic mole syndrome - he has an increased risk of developing melanoma – adverse effect on mental health – argued that prison conditions are inhumane and degrading – prison violence - healthcare system for prisoners is inadequate - ill-treatment in police detention centres is endemic - where conditions are so bad that they violate Article 3, the good intentions and bona fides of the appropriate authorities cannot excuse the breach – evidence before the Court suggested that he would be sent to one of the impugned prisons – conditions in those prisons  remain inhuman and degrading - requirement to request further information from the Greek authorities - minister submitted that, if the Court was to form an initial view that there was a real risk that he would be subjected to inhuman and degrading treatment, the Court had to revert to the issuing judicial authority pursuant to Article 15 (2) of the Framework Decision - Court does not have to determine whether it must make such a request having reached the above conclusions regarding the real risk of a breach of the respondent’s Article 3 rights – assurances sought from Greek authorities -  did not give the assurances that the Court required - court’s concerns regarding the protection of the respondent’s Article 3 rights were not alleviated -  real risk that, if surrendered, the respondent would be subjected to inhuman and degrading treatment contrary to his Article 3 rights – surrender refused.