Poland

The case concerned a European Arrest Warrant issued by the Polish authorities for the prosecution of a Polish national accused of robbery and drug-related offences. The District Court of Amsterdam examined whether surrender would expose the requested person to a real risk of inhuman or degrading treatment under Article 3 ECHR due to detention conditions in the Polish remand regime. Referring to the CJEU’s Dorobantu judgment, the court held that a guarantee of 4 m² of personal living space in a multi-occupancy cell, excluding sanitary facilities, is not in itself sufficient to dispel concerns under Article 3 ECHR, since other material detention conditions — including the amount of time spent outside the cell — must also be assessed. The court therefore reconsidered aspects of its earlier case law and found that the information provided by the Polish authorities was insufficiently concrete to exclude a real risk of rights violations. The proceedings were reopened and additional information was requested from the issuing judicial authority concerning detention conditions.

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giving it minimal significance in the Article 8 proportionality balancing exercise.Although the extradition warrant was withdrawn (as the sentence had effectively been served), the Court ruled on the legal issues due to their general importance.