Spanovic v Government of Croatia & Anor [2009] EWHC 723 (Admin) (15 May 2009)

Spanovic v Government of Croatia & Anor [2009] EWHC 723 (Admin) (15 May 2009)

There was no culpable delay by Croatia in seeking extradition; the appellant's mental condition did not meet the high threshold required to bar extradition; Croatia guarantees an unconditional right to a retrial with fair trial safeguards; there is insufficient evidence of systemic unfairness or discrimination against ethnic Serbs in Croatian courts; and the speciality principle would not be breached. Therefore, extradition is not unjust or oppressive under the Extradition Act 2003.

Citation
[2009] EWHC 723 (Admin)
Parties
Appellant: Milan Spanovic; First Respondent: Government of Croatia; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
15 May 2009
Procedural Posture
Extradition Appeal / Appeal From Order for Extradition and Secretary of State's Order
Outcome
Appeal dismissed
Legal Topics
Passage of Time Bar to Extradition, Unjust or Oppressive Extradition, Mental Health and Extradition, Right to Fair Trial, Speciality Principle, Discrimination Based on Ethnicity
Extradition Criminal Law Human Rights Passage of Time Bar to Extradition Unjust or Oppressive Extradition Mental Health and Extradition Right to Fair Trial Speciality Principle +1 more

Case Brief

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Parties

Milan Spanovic

Appellant

Government of Croatia

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal / Appeal From Order for Extradition and Secretary of State's Order

Legal Issues

  1. 1 Whether extradition is barred by passage of time under section 82 of the Extradition Act 2003
  2. 2 Whether the appellant's mental condition makes extradition unjust or oppressive under section 91
  3. 3 Whether the appellant will receive a fair retrial in Croatia

Ratio Decidendi

There was no culpable delay by Croatia in seeking extradition; the appellant's mental condition did not meet the high threshold required to bar extradition; Croatia guarantees an unconditional right to a retrial with fair trial safeguards; there is insufficient evidence of systemic unfairness or discrimination against ethnic Serbs in Croatian courts; and the speciality principle would not be breached. Therefore, extradition is not unjust or oppressive under the Extradition Act 2003.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the orders for extradition stand.