Grecu v Cornetu Court (Romania) & Ors [2017] EWHC 1427 (Admin) (20 June 2017)

Grecu v Cornetu Court (Romania) & Ors [2017] EWHC 1427 (Admin) (20 June 2017)

Extradition to Romania cannot proceed on current assurances, as the guaranteed minimum of 2m² personal space in semi-open prisons constitutes a long-term and normal provision, not a minor or occasional reduction, and thus breaches Article 3 ECHR under the cumulative test in Muršic v Croatia. The presumption of compliance by Romania is displaced by authoritative ECtHR findings of systemic violation and clear standards.

Citation
[2017] EWHC 1427 (Admin)
Parties
1st Appellant: Ionel-Remus Grecu; 1st Respondent: Cornetu Court (Romania); 2nd Appellant: Cosmin-Ionut Bagarea; 2nd Respondent: Caras Severin Tribunal Romania
Jurisdiction
England and Wales
Judgment Date
20 June 2017
Procedural Posture
Extradition Appeal / Post Extradition Order, Appellate Review
Outcome
No final order; extradition suspended pending further undertakings from Respondents.
Legal Topics
Article 3 ECHR, Prison Conditions, Minimum Personal Space, International Assurances, Systemic Violation
Human Rights Extradition Law Criminal Law Article 3 ECHR Prison Conditions Minimum Personal Space International Assurances Systemic Violation

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Parties

Ionel-Remus Grecu

1st Appellant

Cornetu Court (Romania)

1st Respondent

Cosmin-Ionut Bagarea

2nd Appellant

Caras Severin Tribunal Romania

2nd Respondent

Procedural Posture

Extradition Appeal / Post Extradition Order, Appellate Review

Legal Issues

  1. 1 Whether extradition to Romania breaches Article 3 ECHR due to prison conditions and insufficient personal space
  2. 2 Whether Romanian assurances regarding prison conditions are adequate under ECtHR jurisprudence

Ratio Decidendi

Extradition to Romania cannot proceed on current assurances, as the guaranteed minimum of 2m² personal space in semi-open prisons constitutes a long-term and normal provision, not a minor or occasional reduction, and thus breaches Article 3 ECHR under the cumulative test in Muršic v Croatia. The presumption of compliance by Romania is displaced by authoritative ECtHR findings of systemic violation and clear standards.

Court Disposition

No final order; extradition suspended pending further undertakings from Respondents.

Orders

  • Respondents granted up to four weeks from judgment date to provide revised undertakings guaranteeing minimum 3m² personal space for Appellants throughout detention.
  • Appellants may respond in writing within 14 days of Respondents' submissions.