Chechev & Anor v Prosecutor's Office In Kardzhali, Bulgaria & Anor [2021] EWHC 427 (Admin) (26 February 2021)

Chechev & Anor v Prosecutor's Office In Kardzhali, Bulgaria & Anor [2021] EWHC 427 (Admin) (26 February 2021)

Extradition of Rayko Vangelov would contravene Article 3 ECHR as assurances regarding prison conditions were insufficient to dispel real risk of inhuman or degrading treatment; extradition of Richard Chechev does not breach Article 3 ECHR due to adequate and specific assurances. Dual criminality is satisfied for cigarette smuggling offence. Past breaches do not justify blanket rejection of Bulgarian assurances; each case must be assessed on its facts.

Citation
[2021] EWHC 427 (Admin)
Parties
1st Appellant: Richard Chechev; 2nd Appellant: Rayko Vangelov; 1st Respondent: The Prosecutor's Office in Kardzhali, Bulgaria; 2nd Respondent: The District Prosecutor's Office of Petrich, Bulgaria
Jurisdiction
England and Wales
Judgment Date
26 February 2021
Procedural Posture
Appeal Under Extradition Act 2003 / Divisional Court Judgment on Appeal
Outcome
Appeal allowed in part; extradition of Rayko Vangelov refused, extradition of Richard Chechev upheld.
Legal Topics
Article 3 ECHR, Prison Conditions, Assurances, Dual Criminality, Abuse of Process, Article 8 ECHR
Extradition Human Rights Article 3 ECHR Prison Conditions Assurances Dual Criminality Abuse of Process Article 8 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Richard Chechev

1st Appellant

Rayko Vangelov

2nd Appellant

The Prosecutor's Office in Kardzhali, Bulgaria

1st Respondent

The District Prosecutor's Office of Petrich, Bulgaria

2nd Respondent

Procedural Posture

Appeal Under Extradition Act 2003 / Divisional Court Judgment on Appeal

Legal Issues

  1. 1 Whether extradition to Bulgaria would contravene Article 3 ECHR due to prison conditions and adequacy of assurances
  2. 2 Whether the offence of cigarette smuggling satisfies dual criminality for extradition
  3. 3 Whether extradition would disproportionately interfere with Article 8 ECHR rights

Ratio Decidendi

Extradition of Rayko Vangelov would contravene Article 3 ECHR as assurances regarding prison conditions were insufficient to dispel real risk of inhuman or degrading treatment; extradition of Richard Chechev does not breach Article 3 ECHR due to adequate and specific assurances. Dual criminality is satisfied for cigarette smuggling offence. Past breaches do not justify blanket rejection of Bulgarian assurances; each case must be assessed on its facts.

Court Disposition

Appeal allowed in part; extradition of Rayko Vangelov refused, extradition of Richard Chechev upheld.

Orders

  • Rayko Vangelov not to be extradited to Bulgaria due to Article 3 ECHR risk.
  • Richard Chechev's extradition to Bulgaria upheld.