Minister for Justice and Equality -v- D.S. [2015] IEHC 459 (09 June 2015)

Minister for Justice and Equality -v- D.S. [2015] IEHC 459 (09 June 2015)

Section 44 does not prohibit surrender because the alleged offence, though committed outside Croatia, is one over which Ireland also exercises extraterritorial jurisdiction under the Geneva Conventions Act 1962 as amended. The relevant date for assessing Irish jurisdiction is the date of the surrender hearing. The...

Source-derived case information.

Citation
[2015] IEHC 459
Parties
Applicant: Minister for Justice and Equality; Respondent: D. S.
Jurisdiction
Ireland
Judgment Date
09 June 2015
Procedural Posture
European Arrest Warrant Surrender Proceedings / High Court Judgment on Surrender Application
Outcome
Surrender ordered
Legal Topics
European Arrest Warrant, Extraterritorial Jurisdiction, Article 8 ECHR, War Crimes, Delay in Prosecution, Correspondence of Offences
Extradition Law Criminal Law Human Rights Law European Arrest Warrant Extraterritorial Jurisdiction Article 8 ECHR War Crimes Delay in Prosecution +1 more

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Parties

Minister for Justice and Equality

Applicant

D. S.

Respondent

Procedural Posture

European Arrest Warrant Surrender Proceedings / High Court Judgment on Surrender Application

Legal Issues

  1. 1 Whether surrender is prohibited by Section 44 of the European Arrest Warrant Act 2003 (extraterritoriality)
  2. 2 Whether surrender would violate respondent's rights under Article 8 ECHR (family and private life)
  3. 3 Whether delay in prosecution affects surrender

Ratio Decidendi

Section 44 does not prohibit surrender because the alleged offence, though committed outside Croatia, is one over which Ireland also exercises extraterritorial jurisdiction under the Geneva Conventions Act 1962 as amended. The relevant date for assessing Irish jurisdiction is the date of the surrender hearing. The EAW provides sufficient information regarding the circumstances and location of the offence. The delay in prosecution is explained by the respondent's absence and the Croatian authorities' lack of knowledge of his whereabouts. The interference with the respondent's Article 8 ECHR rights is justified and proportionate given the seriousness of the alleged war crime and the public...

Court Disposition

Surrender ordered

Orders

  • The respondent is to be surrendered to the Republic of Croatia pursuant to the European Arrest Warrant.