Klos v Polish Judicial Authority

Klos v Polish Judicial Authority

The hardship to the appellant's family does not surmount the high hurdle required to prevent extradition under Article 8 ECHR; the appellant and his family can return to Poland, and the law must be enforced.

Source-derived case information.

Parties
Appellant: Mariusz Klos; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
19 February 2013
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extradition, Article 8 ECHR, Family Hardship, Proportionality
Criminal Law Extradition Law Human Rights Law Extradition Article 8 ECHR Family Hardship Proportionality

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Parties

Mariusz Klos

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether extradition of the appellant to Poland to serve a sentence is disproportionate under Article 8 ECHR due to family hardship

Ratio Decidendi

The hardship to the appellant's family does not surmount the high hurdle required to prevent extradition under Article 8 ECHR; the appellant and his family can return to Poland, and the law must be enforced.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to be extradited to Poland to serve his sentence.