Finland

Romania requested the surrender of the requested person from Finland under a European Arrest Warrant for the execution of a four-year custodial sentence. The Supreme Court held that the allocation of less than 3 sq.m. of personal space in the semi-open regime at Braila Prison gave rise to a strong presumption of a violation of Article 3 ECHR and Article 4 of the Charter. It further held that this presumption could be rebutted only if the relevant mitigating criteria were satisfied cumulatively, including that the reduction in personal space was short, occasional and minor and accompanied by sufficient freedom of movement outside the cell. The fact that cell doors remained open during the day did not make the period spent in overcrowded accommodation short or insignificant, and the Court therefore refused surrender because there were reasonable grounds to suspect a real risk of inhuman or degrading treatment.

Turkey requested the extradition from Finland of a Lithuanian citizen for the enforcement of a custodial sentence, and the requested person opposed extradition on the ground that Turkish prison conditions exposed him to a risk of inhuman or degrading treatment. The Supreme Court first held that EU citizenship did not in itself prevent extradition because the requested person was merely visiting Finland and could not be regarded as permanently resident there. As regards prison conditions, however, the Court found that objective and reliable Council of Europe material supported the existence of a real risk of treatment contrary to Article 19 of the EU Charter and Article 3 ECHR, while Turkey failed to provide the requested individualised information concerning the prison in which the person would be detained and the conditions there. The Court therefore held that the extradition request could not be granted.