Marek Nemeth v Czech Judicial Authority

Marek Nemeth v Czech Judicial Authority

The Article 8 claim fails because the evidence regarding lack of family support was exaggerated and not credible; the hardship to the appellant's wife does not outweigh the strong public interest in extradition, especially given the seriousness of the offences and absence of a realistic prospect of success on appeal.

Parties
Appellant: Marek Nemeth; Respondent: Czech Judicial Authority
Jurisdiction
England and Wales
Judgment Date
20 May 2021
Procedural Posture
Extradition Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Article 8 ECHR, Proportionality, Delay, Fugitivity, Family Life, European Arrest Warrant
Criminal Law Human Rights Law Extradition Law Article 8 ECHR Proportionality Delay Fugitivity Family Life +1 more

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Parties

Marek Nemeth

Appellant

Czech Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether extradition would violate Article 8 ECHR due to impact on appellant's disabled wife
  2. 2 Whether delay and absence of fugitivity affect the proportionality assessment under Article 8

Ratio Decidendi

The Article 8 claim fails because the evidence regarding lack of family support was exaggerated and not credible; the hardship to the appellant's wife does not outweigh the strong public interest in extradition, especially given the seriousness of the offences and absence of a realistic prospect of success on appeal.

Court Disposition

permission to appeal refused

Orders

  • extradition order stands
  • no permission to appeal under Article 8 ECHR