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Extradition - Germany - UK - a refreshing case of lucky & fair

"1. The extradition of the person being pursued to the United Kingdom of Great Britain and Northern Ireland for the purpose of criminal prosecution on the basis of the Trade and Cooperation Agreement arrest warrant issued by Westminster District Court on September 21, 2022 is currently declared inadmissible."

"...of the Westminster District Court of September 21, 2022, from which it emerges that a national arrest warrant was issued against the person being pursued by the Westminster District Court of September 16, 2022 on the charge of conspiracy to supply a controlled Class A drug in two cases, which carries a maximum penalty of life imprisonment and four counts of conspiracy to conceal, convert, transfer or remove criminal property under Section 1(1) of the Criminal Law"

"...The Senate pointed out that the factual clarification with regard to the CPT report of July 7, 2021 cited by the legal advisor (see “Report to the United Kingdom Government on the periodic visit to the United Kingdom carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 21 June 2021” from July 7th, 2022) in which overcrowding and sometimes inadequate general prison conditions in British prisons ..."

"In order to justify the factual clarification required - despite the improvements shown in the United Kingdom's response from May 2022 - the Senate points out that overcrowding in prisons in England and Wales continues (on November 25, 2022 the British Ministry of Justice [NOMS] issued a Overcrowding of 106.5% was found, i.e. 82,176 prisoners in 77,753 places, see World Prison Brief data ..."

"Only after providing the required guarantees and answering the questions set out below will the Senate be able to prepare its own risk forecast in order to assess the robustness of the assurances from the United Kingdom authorities ..."

"In this respect, the Karlsruhe Public Prosecutor's Office is asked

to request the following additional guarantees and notifications from the judicial authorities of the United Kingdom in accordance with Article 604 paragraphs a) and c) TCA:

(1) Guarantee that the spatial accommodation and the other design of the prison conditions specifically affecting the persecuted person in all prisons receiving the persecuted person comply with the European minimum throughout the entire period of his imprisonment..."

"In an email from IP Manchester received by the Karlsruhe Attorney General's Office on March 1st, 2023 before 11:00 a.m., answers from the judicial authorities of the United Kingdom to questions 1-3 of March 1st, 2023 were given in English, with the announcement that the German translation would be available by March 2nd, 2023 will be presented, and the answer to question 1 will be presented in the English original dated February 27, 2023 and in a German translation."

"With the documents submitted on March 1, 2023, “the judicial authorities of the United Kingdom of Great Britain and Northern Ireland only partially answered the Senate's questions from the resolution of January 19, 2023. On this basis, it cannot - yet - be assumed with sufficient certainty that the persecuted person will receive humane prison conditions if he is extradited to the United Kingdom ..."

"With reference to Article 615 ....., the judicial authorities of the United Kingdom must be informed immediately that if the order of January 19, 2023, the necessary additional information requested by March 10, 2023, 12:00 p.m. - which includes the guarantees requested under paragraphs 1 and 4 as well as the specific answer to the questions under paragraph 2 (i.e. the information about the name of the specific detention center ...) and all those listed under point 3 questions - the Senate will decide on the release of the persecuted person. ..."

"In an email dated March 10, 2023, 12:18 p.m., the Karlsruhe Public Prosecutor's Office announced that the Federal Criminal Police Office had just announced by telephone that no further statements had been received from the United Kingdom authorities."

decision:

„The extradition is currently proving to be inadmissible because the judicial authorities of the United Kingdom of Great Britain and Northern Ireland have based on the decisions of January 19, 2023 and March 1, 2023 - given by the Senate in accordance with Art. 604 - with detailed reasons for their relevance to the decision the case law of the ECtHR and the German Federal Constitutional Court - did not respond comprehensively to the guarantees and communications requested.

Since there are valid reasons to believe that there is a real threat to the protection of the fundamental rights of the person being persecuted if he were to be extradited to the United Kingdom of Great Britain and Northern Ireland without appropriate guarantees and information about the conditions of detention, the Senate could, in accordance with Article 604 c.) TCA require additional guarantees for the treatment of the person being pursued after surrender before deciding on the execution of the TCA arrest warrant.

Furthermore, the extradition is currently inadmissible because the judicial authorities of the United Kingdom of Great Britain and Northern Ireland have not provided the guarantees requested in the Senate resolution of January 19, 2023 according to Art. 604 …. and the questions about the specific person being persecuted are to be expected after his extradition to the United Kingdom of Great Britain and Northern Ireland in a detention center that is likely to receive him have not been answered specifically… It cannot currently be assumed with sufficient certainty that the persecuted person would receive humane prison conditions there if he were extradited to the United Kingdom of Great Britain and Northern Ireland.”

The Albanian drug dealer apparently got lucky.

 

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