Plotkowski v Regional Court In Elblag, Poland

Plotkowski v Regional Court In Elblag, Poland

The appeal is dismissed because the effects on family life do not reach the threshold of disproportionality required to prevent extradition, and there is insufficient evidence of breach of Article 8 or unacceptable prison conditions.

Parties
Appellant: Marcin Plotkowski; Respondent: Regional Court in Elblag, Poland
Jurisdiction
England and Wales
Judgment Date
14 February 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Article 8 ECHR, Proportionality, Prison Conditions
Extradition Human Rights Article 8 ECHR Proportionality Prison Conditions

Case Brief

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Parties

Marcin Plotkowski

Appellant

Regional Court in Elblag, Poland

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether extradition would breach Article 8 of the European Convention on Human Rights
  2. 2 Whether prison conditions in Poland are adequate
  3. 3 Whether family life disruption renders extradition disproportionate

Ratio Decidendi

The appeal is dismissed because the effects on family life do not reach the threshold of disproportionality required to prevent extradition, and there is insufficient evidence of breach of Article 8 or unacceptable prison conditions.

Court Disposition

appeal dismissed

Orders

  • extradition order upheld