Prosecutor General's Office (Lithuania) v Michail Michailov
On the current evidence, including updated information from the Lithuanian authorities and medical experts, there are no substantial grounds for believing the respondent would face a real risk of inhuman or degrading treatment if extradited; Lithuanian prisons have adapted facilities and procedures to address his needs, and the presumption of Article 3 compliance is not rebutted.
- Parties
- Appellant: Prosecutor General's Office (Lithuania); Respondent: Michail Michailov
- Jurisdiction
- England and Wales
- Judgment Date
- 07 November 2025
- Procedural Posture
- Extradition Appeal / High Court Appeal From Magistrates’ Court Discharge Order
- Outcome
- Appeal allowed; discharge order quashed
- Legal Topics
- Extradition, Article 3 ECHR, Prison Conditions, Disability Rights, Healthcare in Detention
Case Brief
Summary, issues, holding and outcome
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Parties
Prosecutor General's Office (Lithuania)
Appellant
Michail Michailov
Respondent
Procedural Posture
Extradition Appeal / High Court Appeal From Magistrates’ Court Discharge Order
Legal Issues
- 1 Whether extradition of the respondent to Lithuania would breach Article 3 ECHR due to his mental and physical health conditions and the adequacy of Lithuanian prison facilities and care
Ratio Decidendi
On the current evidence, including updated information from the Lithuanian authorities and medical experts, there are no substantial grounds for believing the respondent would face a real risk of inhuman or degrading treatment if extradited; Lithuanian prisons have adapted facilities and procedures to address his needs, and the presumption of Article 3 compliance is not rebutted.
Court Disposition
Appeal allowed; discharge order quashed
Orders
- Case remitted to the District Judge to proceed as required if Article 3 had been decided differently
- Directions to consider provision of updated medical evidence to Lithuanian authorities
Full Case Text
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