or click here to request site subscription to search and view all judgments
High Court, in European Arrest Warrant proceedings, orders the surrender of respondent to Croatia for prosecution, on the grounds that: the court was satisfied that correspondence was established and that a decision had been made to charge the respondent; and the respondent failed to establish by way of cogent evidence a real risk that, if surrendered, she will be subjected to inhuman or degrading treatment.
European arrest warrant – prosecutorial warrant – Croatian authorities seeking the surrender of respondent for prosecution in respect of two offences of unlawful possession of narcotics and unlawful possession of ammunition – points of objection – additional information about maximum penalties – correspondence - absence of a ballistics analysis or a more detailed description of the ammunition or its characteristics - satisfied that ammunition and bullets can be given their ordinary meaning of a projectile fired from a firearm – correspondence established - decision to charge and try the respondent – rebuttable presumption - satisfied that a decision has been made in the issuing state to charge and try the respondent with the offences set out in the EAW - respondent has failed to adduce any cogent evidence to displace the presumption contained in s. 21A(2) of the Act of 2003 - EAW states on its face that surrender is sought for the purpose of conducting a criminal prosecution or executing a custodial sentence or detention order - sufficient details have been provided as to the offences alleged against the respondent, including the date and place of same and the degree of involvement of the respondent – prison conditions in Croatia – relevant legal principles - respondent has failed to establish by way of cogent evidence a real risk that, if surrendered, she will be subjected to inhuman or degrading treatment - mutual trust and confidence between member states – surrender ordered -
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.