Ganic v Republic of Serbia

Where a claimant facing prospective extradition raises a substantial case which has not yet been proved but requires full consideration, the court may grant bail pending further proceedings. Bail may properly be subject to stringent conditions addressing residence, travel, security, sureties, curfew, police reporting and attendance. The grant of bail does not determine the merits of objections concerning abuse of process, the existence of an extradition offence, the legality of a provisional warrant or the scope of the magistrates’ jurisdiction.

This was an adjourned bail application concerning the prospective extradition of Dr Ganic to Serbia. At an earlier hearing on 5 March 2010, the court considered arguments that the proposed extradition might be politically motivated and noted the Rules of the Road Recommendation, which reported insufficient prima facie evidence of relevant international humanitarian law violations.

The Serbian authorities produced further correspondence, but the government accepted that it did not answer the ICTY lawyers’ conclusions. A further hearing before the City of Westminster Magistrates’ Court was expected on 25 March, with a possible later consideration of an extradition request. The central issue was whether Dr Ganic should remain in custody or be granted bail pending those proceedings.

1. The Divisional Court granted Dr Ganic bail subject to stringent conditions. The court considered that the claimant’s case, although not proved before it, remained substantial and would have to be fully considered at a later stage.

2. The court did not determine the merits of the anticipated arguments concerning abuse of process, the existence of an extradition offence, or the legality of the provisional warrant. Nor did it resolve the dispute concerning the breadth of the jurisdiction available to the district judge at the forthcoming hearing.

3. The conditions included residence at a specified London address, no application for a passport or travel document, a security of £300,000, a surety of £25,000, a nightly curfew, a doorstep attendance condition and daily reporting at Battersea Bridge Police Station. The court noted assurances from the Bosnian government concerning the issue of a passport and compliance with the conditions.

4. Dr Ganic was remanded on bail to appear at the City of Westminster Magistrates’ Court on 13 April 2010.

The judgment records an earlier hearing on 5 March 2010, when the bail application was adjourned for further material. At this hearing the High Court granted bail on stringent conditions and remanded Dr Ganic to appear before the City of Westminster Magistrates’ Court on 13 April 2010.