Chudzik, R (on the application of) v Circuit Court of Tarnobrzeg, Poland

An extradition appeal based on alleged inhuman prison conditions must be supported by properly raised grounds and evidence. A general assertion of ill-treatment in the receiving state is insufficient. Where the court has previously determined that the general prison conditions do not establish a breach of Article 3, an appellant must identify evidence of special individual circumstances capable of producing a different result.

The claimant appealed under section 26 of the Extradition Act 2003 against a district judge’s order for his return to Poland to serve prison sentences totalling two years for robbery, burglary and theft. He argued that return would breach Article 3 of the Human Rights Convention because of inhumane treatment in Polish prisons. The issue had not been raised before the district judge, and the claimant had not complied with an order requiring full grounds to be lodged within fourteen days.

1. The appeal was dismissed. The claimant’s Article 3 argument had not been raised before the district judge, so there was no supporting evidence before the court apart from his general assertion that he had heard of beatings and ill-treatment in Polish prisons.
2. The general state of Polish prisons had recently been considered by the Administrative Court. Those decisions did not support the proposition that return to Poland would presently contravene Article 3. Although special individual circumstances might in principle justify a different conclusion, no such circumstances were shown here.
3. The claimant had also breached an order requiring full grounds of appeal to be lodged within fourteen days. The court had warned that, without proper grounds, the appeal might be dealt with on the existing material or struck out. In any event, even if further material had been available, it would not have established the necessary Article 3 case.
4. The claimant’s separate asylum matter was for the Home Office and did not affect the extradition appeal.

• High Court (Administrative Court): dismissed the appeal under section 26 of the Extradition Act 2003 against the district judge’s order for return to Poland.