Suchanek v District Court for Prague 8 Prague Czech Republic

In a statutory extradition appeal, extradition may be refused where, in light of intervening circumstances, it would constitute a disproportionate infringement of the appellant’s rights under Article 8. The court may allow the appeal and order the appellant’s discharge where the appellant has already served in the United Kingdom the equivalent of the sentence proposed to be served abroad.

The appellant brought a statutory appeal against a decision which would have resulted in his extradition to the Czech Republic. The judge considered that the district judge’s decision had probably been correct when made. Subsequently, the appellant had served in the United Kingdom the equivalent of the sentence he was proposed to serve in Poland. The Judicial Authority accepted that extradition was no longer appropriate. The central issue was whether extradition should proceed in light of the intervening circumstances.

1. The appeal was allowed and an order for the appellant’s discharge was made.

2. The district judge’s decision had probably been correct when made. However, the appellant had since served in the United Kingdom the equivalent of the sentence which it was proposed he should serve abroad.

3. In those circumstances, allowing extradition to proceed would constitute a disproportionate infringement of the appellant’s rights under Article 8. The judge did not elaborate further because the Judicial Authority accepted that extradition was no longer appropriate.

The judgment states that the appeal was brought against a decision which had the effect of causing the appellant to be extradited to the Czech Republic. The Administrative Court allowed the appeal and ordered the appellant’s discharge.