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No cogent evidence of real risk that respondent would be subjected to inhuman and degrading treatment in Croatian prison

By: James Cross BL

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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.

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