Jane v Prosecutor General's Office, Lithuania [2018] EWHC 1122 (Admin) (15 May 2018)

Jane v Prosecutor General's Office, Lithuania [2018] EWHC 1122 (Admin) (15 May 2018)

There remains a real risk that extradition to Lithuania would expose Mr Jane to inhuman or degrading treatment in remand prison conditions contrary to article 3 ECHR, as Lithuania has not provided clear and cogent evidence that conditions in Lukiskes and Siauliai prisons are now compliant. The District Judge was wrong to conclude otherwise. The appeal is stayed to allow Lithuania an opportunity to provide an assurance sufficient to dispel this risk.

Citation
[2018] EWHC 1122 (Admin)
Parties
Appellant: Guy Jane; Respondent: Prosecutor General's Office, Lithuania
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Extradition Appeal / Appeal Against Order for Extradition
Outcome
Appeal stayed
Legal Topics
Article 3 ECHR, Prison Conditions, Mutual Trust, Assurances in Extradition, Burden of Proof, Oppression and Injustice Under Extradition Act 2003
Extradition Law Human Rights Law Article 3 ECHR Prison Conditions Mutual Trust Assurances in Extradition Burden of Proof Oppression and Injustice Under Extradition Act 2003

Case Brief

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Parties

Guy Jane

Appellant

Prosecutor General's Office, Lithuania

Respondent

Procedural Posture

Extradition Appeal / Appeal Against Order for Extradition

Legal Issues

  1. 1 Whether extradition would be unjust or oppressive under section 14 of the Extradition Act 2003
  2. 2 Whether there is a real risk of inhuman or degrading treatment contrary to article 3 ECHR due to prison conditions in Lithuania
  3. 3 Whether threats of violence constitute a bar to extradition under article 3 ECHR

Ratio Decidendi

There remains a real risk that extradition to Lithuania would expose Mr Jane to inhuman or degrading treatment in remand prison conditions contrary to article 3 ECHR, as Lithuania has not provided clear and cogent evidence that conditions in Lukiskes and Siauliai prisons are now compliant. The District Judge was wrong to conclude otherwise. The appeal is stayed to allow Lithuania an opportunity to provide an assurance sufficient to dispel this risk.

Court Disposition

Appeal stayed

Orders

  • Appeal stayed for 42 days to allow Lithuania to provide an assurance regarding prison conditions.
  • Respondent to notify Mr Jane and the Court of any assurance within the period; matter to be restored to the list thereafter.