Poland

Regular assistance and emotional support provided to a former partner suffering from mental health issues are insufficient, absent stable de facto family ties, to establish “family life” protected under Article 8 ECHR in extradition proceedings; furthermore, only exceptionally severe interference with private or family life may justify refusal of extradition on proportionality grounds.

The UK Supreme Court considered whether, in extradition cases based on conviction warrants, courts may take into account the possibility of early release under the law of the requesting State when assessing proportionality under Article 8 ECHR.The appellant was sought by Poland to serve a two‑year sentence for fraud. She argued that extradition would disproportionately interfere with her private and family life, partly because she might be eligible for early release under Polish law.The Court reviewed conflicting approaches in domestic case law and held that the mere possibility of early release is relevant but carries little weight. Courts in the requested State should not attempt to predict the likelihood of early release, as this would involve speculative assessment of foreign law and undermine principles of international comity.Only in rare and exceptional cases, supported by clear evidence, may a court attach greater weight to early release prospects. Ultimately, the Court endorsed a cautious approach: acknowledging early release as a factor but generally giving it minimal significance in the Article 8 proportionality balancing exercise.Although the extradition warrant was withdrawn (as the sentence had effectively been served), the Court ruled on the legal issues due to their general importance.