Arnost Berki v Czech Republic

Arnost Berki v Czech Republic

The appeal had no prospect of success as the judge found extradition to be clearly proportionate, with no arguable violation of Article 8 rights. The appellant was not the sole carer, had significant offending history, and the judge relied on the careful analysis of the lower court. Permission to appeal was refused.

Parties
Appellant: Arnost Berki; Respondent: Czech Republic
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Extradition Appeal / Permission to Appeal Hearing
Outcome
permission to appeal refused
Legal Topics
Article 8 ECHR, Proportionality, Section 36 B Extradition Act 2003
Extradition Law Human Rights Law Article 8 ECHR Proportionality Section 36 B Extradition Act 2003

Case Brief

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Parties

Arnost Berki

Appellant

Czech Republic

Respondent

Procedural Posture

Extradition Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether extradition would violate Article 8 ECHR rights of the appellant and his family
  2. 2 Whether the extradition order should be stayed pending domestic proceedings under section 36B of the Extradition Act 2003

Ratio Decidendi

The appeal had no prospect of success as the judge found extradition to be clearly proportionate, with no arguable violation of Article 8 rights. The appellant was not the sole carer, had significant offending history, and the judge relied on the careful analysis of the lower court. Permission to appeal was refused.

Court Disposition

permission to appeal refused

Orders

  • Extradition order not to be carried out until all domestic charges have been disposed of, withdrawn, discontinued, or ordered to lie on the file under section 36B(2) of the Extradition Act 2003.