England and Wales Case Law

Ferdi Colak v Government of Türkiye

Permission to appeal is granted solely on the narrow issue of whether the Yalvac Assurances must address the Appellant’s guaranteed retrial rights (including in-person attendance and personal space) to satisfy Article 3 ECHR, as it is reasonably arguable that such assurances are legally necessary. Permission is refused on all other grounds, as the Judge’s findings on discrimination, abuse of process, and mental health oppression were not arguably wrong nor undermined by fresh evidence.

Source excerpt

• Article 3 echr
• Article 6 echr
• Mental health and extradition
• Specialty principle
• Abuse of process
• Discrimination (ethnicity, religion, political opinion)

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Srinivasan Solaraj v Investigating Judge, Prosecutor General’s Office Lisbon, Portugal

The High Court refused extradition bail, finding substantial grounds to believe the applicant would abscond if released despite proposed conditions.

• Bail
• Flight risk
• Extradition proceedings
• Assessment of risk
• Extradition-bail
• Flight-risk

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Mikolaj Heidrych v District Court in Bydgoszcz, Poland

The District Judge lawfully and properly took delay into account in the Article 8 balancing exercise, recognising that not all delay could be attributed to fugitivity and that some was systemic. Even if further criticism could be levelled at the explanation for delay, the Applicant’s fugitivity, seriousness of the offence, and lack of dependants outweighed the delay and private life factors. No arguable legal error was identified in the District Judge’s approach, and the renewed application for permission to appeal was refused.

Source excerpt

• Extradition
• Article 8 echr
• Delay in proceedings
• Fugitivity
• Dual criminality

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Andrzej Domin v Polish Judicial Authority, Poland

The District Judge was entitled to find deliberate absence for both convictions based on clear EAW statements and applicant's conduct; the proportionality assessment under Article 8 ECHR was properly conducted and extradition is not disproportionate.

Source excerpt

• Extradition proceedings
• Absence from trial
• Article 8 echr
• Deliberate absence
• Fugitivity
• Proportionality assessment

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Edmond Haxhia & Ors v Republic of Albania

The High Court allowed five extradition appeals because the Albanian requests before the court no longer matched the requests certified by the Home Secretary.

• Validity of extradition requests
• Article 3 echr (prohibition of inhuman or degrading treatment)
• Article 6 echr (right to fair trial)
• Article 8 echr (right to private and family life)
• Judicial review
• Prison conditions

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Haxhia & Ors v Republic of Albania

Haxhia & Ors v Republic of Albania [2026] EWHC 956 (Admin) (24 April 2026)

The High Court held that Albanian extradition requests had materially changed after certification, so the district judge lacked jurisdiction to proceed. Extradition orders were quashed.

• Validity of extradition requests
• Article 3 echr (prohibition of torture, inhuman or degrading treatment)
• Article 6 echr (right to a fair trial)
• Article 8 echr (right to private and family life)
• Extradition act 2003
• Judicial review

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OQR v The Government of Norway

OQR v The Government of Norway [2026] EWHC 894 (Admin) (20 April 2026)

High Court extradition appeal dismissed. The court held that extradition to Norway was not disproportionate under Article 8, despite serious family impacts and new evidence.

• Article 8 echr
• Extradition act 2003
• Proportionality
• Fresh evidence
• Family rights
• Extradition

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Gabor Kiss v Hungarian Judicial Authority

An extradition appeal was dismissed after the court held the appellant was treated as present at trial because he had mandated legal counsel under an EAW.

• Extradition proceedings
• Absence from trial
• Mandate to legal counsel
• Fresh evidence
• European arrest warrant
• Section 20 extradition act 2003

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Kiss v Hungarian Judicial Authority

Kiss v Hungarian Judicial Authority [2026] EWHC 843 (Admin) (10 April 2026)

Extradition appeal dismissed. The court held the EAW and record supported a finding that the appellant had given a mandate to a lawyer, satisfying section 20(2).

• Extradition under european arrest warrant
• Absence from trial
• Section 20 extradition act 2003
• Article 8 echr
• Mutual recognition of judicial decisions
• Extradition

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Ionut Bucur v Fifth District Court of Bucharest, Romania

The District Judge was entitled to find the applicant a fugitive based on his failure to comply with conditional release obligations and concealment of his whereabouts. The interference with family life, even considering new circumstances, did not reach the threshold of exceptionally severe consequences required to outweigh the public interest in extradition. No arguable error in law or principle was demonstrated.

Source excerpt

• Extradition
• Article 8 echr
• Fugitivity
• Proportionality
• Family life
• Conditional release

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