🇬🇧 United Kingdom →

Greece sought the surrender of a married couple to serve sentences imposed in their absence for grievous bodily harm with intent and assisting the offender. The Court held that the issuing judicial authority had not proved that the requested persons deliberately absented themselves from trial, since there was insufficient evidence that they knew of the scheduled proceedings or had unequivocally waived their right to attend. Their possibility of obtaining a retrial was also insufficient under section 20 of the Extradition Act 2003 because it depended on the Greek court first determining that specified procedural conditions, a breach of procedural rules or force majeure had been established. The Court additionally found that assurances concerning their detention could not be relied upon in light of two significant previous breaches and that surrender would therefore expose them to a real risk of treatment contrary to Article 3 ECHR; both requested persons were discharged.

The case concerned a European Arrest Warrant issued by the Public Prosecutor’s Office of the Court of Pordenone, Italy, seeking the surrender of the requested person to serve a one-year sentence imposed after a trial held in his absence. The requested person had been informed in 2015 that he was under investigation and had elected an address in Italy, but he later moved to the United Kingdom without notifying the Italian judicial police; he was never officially informed that prosecution had commenced, nor notified of the date and place of trial. The Supreme Court held that “deliberately absented himself from his trial” under section 20(3) of the Extradition Act 2003 must be understood consistently with Article 6 ECHR as requiring an unequivocal waiver of the right to be present at trial. Mere lack of diligence in failing to keep the authorities informed of an address was not enough, especially where the requested person had not been charged, had not been told that proceedings had begun, and had not been warned that trial could proceed in his absence. The appeal was allowed, the extradition order was quashed, and the requested person was discharged.