Prosecutor's General Office of the Republic of Latvia v Kilgasts (Rev1) [2022] NIQB 60 (22 August 2022)

Prosecutor's General Office of the Republic of Latvia v Kilgasts (Rev1) [2022] NIQB 60 (22 August 2022)

The appeal is dismissed because the evidential foundation for the appellant's Article 3 ECHR objection is insufficient. The evidence, including the CPT report, previous judgments, and the appellant's affidavit, does not establish substantial grounds for believing that the appellant would face a real risk of inhuman or degrading treatment if extradited to Latvia. The Latvian authorities have engaged with concerns about prison conditions and are making reasonable efforts to address issues such as inter-prisoner violence and dilapidation. The presumption of compliance with fundamental rights by Latvia has not been rebutted.

Citation
[2022] NIQB 60
Parties
Requesting State: General Prosecutor’s Office of Latvia; Requested Person/appellant: Ventis Kilgasts
Jurisdiction
Northern Ireland
Judgment Date
22 August 2022
Procedural Posture
Extradition Appeal / Appeal From Belfast County Court Order Authorising Surrender
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Article 3 ECHR, Post Brexit Extradition, Prison Conditions, Mutual Recognition, Judicial Cooperation, Protection Against Inhuman or Degrading Treatment
Extradition Law Human Rights Law Criminal Law European Arrest Warrant Article 3 ECHR Post Brexit Extradition Prison Conditions Mutual Recognition +2 more

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Parties

General Prosecutor’s Office of Latvia

Requesting State

Ventis Kilgasts

Requested Person/appellant

Procedural Posture

Extradition Appeal / Appeal From Belfast County Court Order Authorising Surrender

Legal Issues

  1. 1 Whether the appellant's extradition to Latvia would expose him to a real risk of inhuman or degrading treatment contrary to Article 3 ECHR
  2. 2 Whether the evidential foundation for resisting extradition on Article 3 grounds is sufficient
  3. 3 Whether the post-Brexit extradition regime and the Aranyosi procedure were properly applied

Ratio Decidendi

The appeal is dismissed because the evidential foundation for the appellant's Article 3 ECHR objection is insufficient. The evidence, including the CPT report, previous judgments, and the appellant's affidavit, does not establish substantial grounds for believing that the appellant would face a real risk of inhuman or degrading treatment if extradited to Latvia. The Latvian authorities have engaged with concerns about prison conditions and are making reasonable efforts to address issues such as inter-prisoner violence and dilapidation. The presumption of compliance with fundamental rights by Latvia has not been rebutted.

Court Disposition

appeal dismissed

Orders

  • The appeal against the order authorising surrender is dismissed.
  • The order for the appellant's surrender to Latvia stands.