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Surrender to Lithuania ordered where trial of respondent was not found to be unfair

By: James Cross BL

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High Court orders the surrender of the respondent to Lithuania on foot of a European Arrest Warrant to serve a custodial sentence, on the grounds that the respondent was lawfully arrested, the Court was not satisfied that the trial of the respondent was conducted in breach of his fair trial rights as guaranteed under the European Convention of Human Rights or the Irish Constitution and was not satisfied that Lithuanian prison conditions give rise to a real risk that, if surrendered, the respondent will be exposed to inhuman or degrading treatment

European Arrest Warrant – custodial warrant – Lithuanian authorities seeking the surrender of the respondent to enforce a sentence of one year and three months’ imprisonment, of which one year, two months and 28 days remains to be served - Schengen Information System II alert - cumulative sentence aggregating three separate sentences – argument about perceived lack of minimum gravity dismissed – points of objection - submitted that the respondent had been unlawfully arrested – High Court ad already endorsed the EAW - Act of 2003 provides for two alternative means of bringing a requested person before the High Court - provided a member of An Garda Síochána has reasonable grounds for believing a person to be a person named in an alert, he/she is entitled to arrest such person whether or not the European arrest warrant in respect of that person has or has not already been endorsed by the High Court - unfair trial - description of the circumstances in which offence 2 was committed included reference to previous wrongdoing on the part of the respondent - not satisfied that the trial of the respondent was conducted in breach of his fair trial rights as guaranteed under the ECHR or the Constitution – prison conditions - prison conditions in Lithuanian correctional institutions meet the standards of hygiene set by the law of Lithuania - not satisfied that there are substantial reasons for believing that there is a real risk that, if surrendered, the respondent will be exposed to inhuman or degrading treatment in breach of Article 3 – 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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