Nowak v District Court in Koszalin Poland

Nowak v District Court in Koszalin Poland

The omissions by the Senior District Judge to address certain evidence did not alter the conclusion that there was no real risk of breach of Article 2 or Article 3 ECHR upon extradition. There was no credible evidence of a connection to the Zapasników gang or of state complicity, and the Polish authorities provided adequate assurances. The appeal was therefore dismissed.

Parties
Claimant: Nowak; Defendant: District Court in Koszalin Poland
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition, Article 2 ECHR, Article 3 ECHR, Risk From Non State Actors, State Protection, Legal Aid
Criminal Law Human Rights Law Extradition Article 2 ECHR Article 3 ECHR Risk From Non State Actors State Protection Legal Aid

Case Brief

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Parties

Nowak

Claimant

District Court in Koszalin Poland

Defendant

Procedural Posture

Extradition Appeal / Appeal Against Extradition Order

Legal Issues

  1. 1 Whether extradition to Poland would breach Article 2 (right to life) or Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights due to risk from non-state actors or state agents and lack of protection by the Polish state
  2. 2 Whether the Senior District Judge failed to consider material evidence relevant to the risk assessment

Ratio Decidendi

The omissions by the Senior District Judge to address certain evidence did not alter the conclusion that there was no real risk of breach of Article 2 or Article 3 ECHR upon extradition. There was no credible evidence of a connection to the Zapasników gang or of state complicity, and the Polish authorities provided adequate assurances. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extradition order upheld
  • Legal aid assessment to cover from the date of original application for both counsel