Antonovic, R (on the application of) v The Prosecutor General's Office (A Lithuanian Judicial Authority)
The appellant failed to demonstrate a real risk of ill-treatment in Lithuania sufficient to bar extradition under Article 3 ECHR, and the interference with his family life was not disproportionate under Article 8 ECHR given the nature of the offences and the public interest in extradition.
- Parties
- Claimant: Andzej Antonovic; Defendant: The Prosecutor General's Office (A Lithuanian Judicial Authority)
- Jurisdiction
- England and Wales
- Judgment Date
- 02 November 2010
- Procedural Posture
- Extradition Appeal / High Court Appeal Against Extradition Order
- Outcome
- Appeal dismissed
- Legal Topics
- Extradition, European Arrest Warrant, Article 3 ECHR, Article 8 ECHR, Proportionality, Risk of Ill Treatment
Case Brief
Summary, issues, holding and outcome
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Parties
Andzej Antonovic
Claimant
The Prosecutor General's Office (A Lithuanian Judicial Authority)
Defendant
Procedural Posture
Extradition Appeal / High Court Appeal Against Extradition Order
Legal Issues
- 1 Whether extradition to Lithuania would breach Article 3 ECHR due to risk of ill-treatment
- 2 Whether extradition would be disproportionate under Article 8 ECHR due to interference with family life
Ratio Decidendi
The appellant failed to demonstrate a real risk of ill-treatment in Lithuania sufficient to bar extradition under Article 3 ECHR, and the interference with his family life was not disproportionate under Article 8 ECHR given the nature of the offences and the public interest in extradition.
Court Disposition
Appeal dismissed
Orders
- Extradition order upheld
- Legal aid assessment granted
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