Malta

The Amsterdam District Court issued an interim decision in proceedings concerning a Maltese European Arrest Warrant for prosecution. The Court rejected the requested person’s objections concerning the sufficiency of the EAW, found the double-criminality requirement satisfied, and held that the fact that the alleged offence was deemed to have been committed wholly or partly in the Netherlands was insufficient to justify applying the territoriality ground for refusal under Article 13(a) OLW. The proceedings were nevertheless suspended because further information was required to assess the detention conditions the requested person would face in Malta, in particular at Corradino Correctional Facility. The adjournment also gave the defence an opportunity to provide objective evidence concerning the requested person’s claimed five-year period of lawful and uninterrupted residence in the Netherlands and the possible preservation of her residence rights.