Jane v Prosecutor General's Office, Lithuania [2018] EWHC 2691 (Admin) (16 October 2018)
The assurance dated 7 August 2018 from Lithuania is sufficiently specific and reliable to dispel any real risk of impermissible treatment contrary to Article 3 ECHR if Mr Jane is extradited, particularly as he is likely to be held in a renovated part of Lukiskes prison, and there is no evidence that renovated cells present a real risk of impermissible treatment.
- Citation
- [2018] EWHC 2691 (Admin)
- Parties
- Appellant: Guy Jane; Respondent: Prosecutor General's Office, Lithuania
- Jurisdiction
- England and Wales
- Judgment Date
- 16 October 2018
- Procedural Posture
- Extradition Appeal / Appeal Against Extradition Order
- Outcome
- Appeal dismissed
- Legal Topics
- Article 3 ECHR, Prison Conditions, Assurances in Extradition, Mutual Trust Between EU Member States
Case Brief
Summary, issues, holding and outcome
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Parties
Guy Jane
Appellant
Prosecutor General's Office, Lithuania
Respondent
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order
Legal Issues
- 1 Whether the assurances provided by Lithuania dispel the real risk of impermissible treatment contrary to Article 3 ECHR if Mr Jane is extradited
- 2 Whether the assurance dated 7 August 2018 is sufficiently specific and reliable
Ratio Decidendi
The assurance dated 7 August 2018 from Lithuania is sufficiently specific and reliable to dispel any real risk of impermissible treatment contrary to Article 3 ECHR if Mr Jane is extradited, particularly as he is likely to be held in a renovated part of Lukiskes prison, and there is no evidence that renovated cells present a real risk of impermissible treatment.
Court Disposition
Appeal dismissed
Orders
- Extradition of Guy Jane to Lithuania to proceed on the basis of the assurances provided.
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