Horvath v Hungary [2015] EWHC 3018 (Admin) (08 July 2015)
Hungary's assurances guarantee Article 3 compliant conditions for the appellant throughout all periods of detention, dispelling doubts about risk of inhuman or degrading treatment; the public interest in extradition outweighs Article 8 concerns, and the District Judge's decision was correct.
- Citation
- [2015] EWHC 3018 (Admin)
- Parties
- Claimant: Andras Horvath; Defendant: Hungary
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2015
- Procedural Posture
- Extradition Appeal / Appeal From District Judge's Extradition Order
- Outcome
- Appeal dismissed; extradition order upheld.
- Legal Topics
- European Arrest Warrant, Article 3 ECHR, Article 8 ECHR, Prison Conditions, Family Life, Assurances in Extradition
Case Brief
Summary, issues, holding and outcome
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Parties
Andras Horvath
Claimant
Hungary
Defendant
Procedural Posture
Extradition Appeal / Appeal From District Judge's Extradition Order
Legal Issues
- 1 Whether extradition to Hungary would breach Article 3 ECHR due to prison conditions
- 2 Whether extradition would disproportionately interfere with Article 8 ECHR rights
Ratio Decidendi
Hungary's assurances guarantee Article 3 compliant conditions for the appellant throughout all periods of detention, dispelling doubts about risk of inhuman or degrading treatment; the public interest in extradition outweighs Article 8 concerns, and the District Judge's decision was correct.
Court Disposition
Appeal dismissed; extradition order upheld.
Orders
- Extradition of Andras Horvath to Hungary pursuant to European Arrest Warrant
- Legal aid assessment in usual form
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