High Court orders the surrender of two men for prosecution for attempted murder in the United Kingdom, on the grounds that it was not established that their surrender to Northern Ireland will give rise to an egregious violation of their constitutional rights.
European Arrest Warrant – prosecutorial warrants – UK seeks the surrender of two men for the prosecution for attempted murder - further information provided - description of actions of respondents as set forth in EAWs - received the standard form of caution that they would receive in this jurisdiction - judicial review proceedings - evidence taken in violation of his constitutional rights would be tendered against him at his trial - if surrendered to Northern Ireland he would not enjoy the constitutional protection of his life, liberty and health – EAWs did not contain information on the availability, under the laws of the issuing state, of challenging the lawfulness of the issuing of the EAWs, and nor was such information otherwise provided to the respondents – relevant statutory provisions – further information – affidavits of laws - entitlement to information pursuant to the Directive - principle of equivalence - entitlement of a trial court in Northern Ireland to draw inferences pursuant to the 1988 Order - right to silence - fact that procedures will vary from one Member State to another is no bar to surrender - series of safeguards designed to respect the rights of the defence and to limit the extent to which reliance can be placed on inferences – whether there has been an egregious violation of the constitutional rights of the respondents - no equivalent to Articles 3and 4 of the 1988 Order - may suffer a prejudice that they would not suffer if they were put on trial in this jurisdiction - does not necessarily constitute a violation of their constitutional rights - Articles 3 and 4 of the 1988 Order do not violate Article 6 of the European Convention on Human Rights - statutory presumption that an issuing state will comply with the requirements of the Framework Decision - arguments of the respondents that their surrender to Northern Ireland will give rise to an egregious violation of their constitutional rights must be rejected – surrender ordered