Chechev & Anor v Prosecutor's Office In Kardzhali, Bulgaria & Anor

Chechev & Anor v Prosecutor's Office In Kardzhali, Bulgaria & Anor

The appeal of Mr Vangelov is allowed on Article 3 ECHR grounds as the assurances provided by the Bulgarian authorities did not dispel the real risk of inhuman or degrading treatment due to insufficient guarantees regarding prison conditions. The appeal of Mr Chechev is allowed on Article 8 ECHR grounds as the interference with his rights is now disproportionate given the time already served in custody. Other grounds, including dual criminality and abuse of process, are dismissed as not reasonably arguable or not made out on the facts.

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
Extradition Appeal / Appeal From Westminster Magistrates’ Court to High Court
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Extradition, European Arrest Warrant, Article 3 ECHR, Article 8 ECHR, Prison Conditions, Dual Criminality, Abuse of Process
Criminal Law Human Rights Law Extradition Law Extradition European Arrest Warrant Article 3 ECHR Article 8 ECHR Prison Conditions +2 more

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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

Extradition Appeal / Appeal From Westminster Magistrates’ Court to High Court

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 dual criminality rule is satisfied for the cigarette smuggling offence
  3. 3 Whether extradition would disproportionately interfere with Article 8 ECHR rights

Ratio Decidendi

The appeal of Mr Vangelov is allowed on Article 3 ECHR grounds as the assurances provided by the Bulgarian authorities did not dispel the real risk of inhuman or degrading treatment due to insufficient guarantees regarding prison conditions. The appeal of Mr Chechev is allowed on Article 8 ECHR grounds as the interference with his rights is now disproportionate given the time already served in custody. Other grounds, including dual criminality and abuse of process, are dismissed as not reasonably arguable or not made out on the facts.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal of Rayko Vangelov allowed on Article 3 ECHR grounds; extradition order quashed
  • Appeal of Richard Chechev allowed on Article 8 ECHR grounds; extradition order quashed