Court of Milan (Italy) Issuing Judicial Authority v Herba [2017] EW Misc 20 (EXTRADITION) (29 September 2017)

Court of Milan (Italy) Issuing Judicial Authority v Herba [2017] EW Misc 20 (EXTRADITION) (29 September 2017)

The EAW is valid and sufficiently particularised; Italy is presumed to honour ECHR obligations and no cogent evidence rebuts this; the RP's Article 8 rights are engaged but not outweighed by the strong public interest in extradition; extradition is proportionate given the seriousness of the offence and lack of less coercive measures; no evidence of abuse of process by the IJA.

Citation
[2017] EW Misc 20 (EXTRADITION)
Parties
Requested Person: Michal Kondrad Herba; Issuing Judicial Authority: Court of Milan, Italy
Jurisdiction
England and Wales
Judgment Date
29 September 2017
Procedural Posture
Extradition / Final Judgment
Outcome
extradition ordered
Legal Topics
European Arrest Warrant, Kidnapping, Proportionality, Abuse of Process, Article 6 ECHR, Article 8 ECHR
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Kidnapping Proportionality Abuse of Process Article 6 ECHR +1 more

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Parties

Michal Kondrad Herba

Requested Person

Court of Milan, Italy

Issuing Judicial Authority

Procedural Posture

Extradition / Final Judgment

Legal Issues

  1. 1 Validity of the European Arrest Warrant under Section 2(4)(c) EA 2003
  2. 2 Compatibility of extradition with Article 6 ECHR (right to fair trial)
  3. 3 Compatibility of extradition with Article 8 ECHR (right to private and family life)

Ratio Decidendi

The EAW is valid and sufficiently particularised; Italy is presumed to honour ECHR obligations and no cogent evidence rebuts this; the RP's Article 8 rights are engaged but not outweighed by the strong public interest in extradition; extradition is proportionate given the seriousness of the offence and lack of less coercive measures; no evidence of abuse of process by the IJA.

Court Disposition

extradition ordered

Orders

  • RP's surrender to Italy pursuant to Section 21(A)(5) EA 2003
  • RP has 7 days to appeal; removal suspended pending appeal