Summary
Where reliable material approaches an international consensus that a requesting state’s remand conditions expose prisoners to treatment contrary to article 3, the usual presumption of compliance is rebutted. The requesting state must then provide clear and cogent material showing that the general conditions have improved or that the requested person will avoid the risk.
A specific diplomatic assurance may dispel the risk and may first be considered on appeal. Loss of the presumption concerning the general prison estate does not necessarily remove the presumption that the state will honour a straightforward solemn assurance.
Factual background
The appellant challenged a District Judge’s order for his extradition to Lithuania to face allegations of fraud and related criminal conduct. He relied on delay, threats from a non-state agent and the conditions in Lithuanian remand prisons.
The central issue was whether the District Judge had been wrong to find no real risk of treatment contrary to article 3 of the European Convention on Human Rights. The court also considered fresh evidence about Lithuanian prison conditions and whether Lithuania should be permitted to provide a specific assurance before the appeal was finally determined.
Held
Appeal stayed. The District Judge had been entitled to reject the challenges based on delay and threats of violence. He had applied the accepted principles under section 14 of the Extradition Act 2003, considered the relevant circumstances and reached a conclusion that was not wrong. The evidence also permitted him to find that no present threat of violence existed and that Lithuania could provide reasonable protection.
The District Judge had been wrong about prison conditions. The authorities showed an international consensus that conditions in some Lithuanian remand prisons, particularly Lukiskes, created a real risk of treatment contrary to article 3. The ordinary presumption that Lithuania would comply with its Convention obligations was therefore rebutted. Lithuania bore the burden of providing clear and cogent material showing that the former assessment should no longer prevail, but had not discharged it.
Fresh evidence did not materially alter that conclusion. Lithuania had taken substantial and commendable steps to improve its remand estate, but the material did not eliminate the real risk. The decision in Rackauskas v Lithuanian Judicial Authority [2017] EWHC 1358 (Admin) established only that the requested person in that case would be detained at Kaunas. It did not establish that conditions at Lukiskes or Siauliai were generally compatible with article 3. A Kaunas assurance remained sufficient to avoid the identified risk.
A requesting state may dispel an established article 3 risk by giving an assurance concerning the requested person’s detention. Such an assurance is an issue rather than evidence for section 106(5)(a) of the Extradition Act 2003 and may therefore first be considered on appeal. Article 15(2) of the Framework Decision and the approach in Criminal proceedings against Aranyosi and Caldarau [2016] QB 921 required the executing authority to seek supplementary information and postpone surrender for a reasonable period where that information might eliminate the risk.
Hickinbottom LJ agreed. The loss of the general presumption of compliant prison conditions did not necessarily undermine the state’s reliability in honouring a specific and straightforward solemn assurance. That reliability depended on matters such as compliance with previous assurances and evidence of good faith.
The appeal was stayed for 42 days. Lithuania was permitted to notify the appellant and the court of any proposed assurance, after which the matter would be restored for final disposal.
The court’s approach to earlier authorities
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Appellate history
- High Court, Divisional Court: The appeal was stayed for 42 days to permit Lithuania to provide an assurance, with final disposal reserved.
- Westminster Magistrates’ Court: Deputy Senior District Judge Ikram ordered the appellant’s extradition to Lithuania on 3 November 2017.
Key cases cited
26 authorities cited.
- Gomes (Appellant) v Government of Trinidad and Tobago (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) Goodyer (Appellant) v Government of Trinidad and Tobago (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) (Conjoined Appeals) [2009] UKHL 21
- Georgiev & Ors v Regional Prosecutor's Office, Shuman, Bulgaria & Ors (Rev 1) [2018] EWHC 359 (Admin)
- Grecu v Cornetu Court (Romania) & Ors [2017] EWHC 1427 (Admin)
- Dzgoev v Prosecutor General's Office of the Russian Federation (Rev 1) [2017] EWHC 735 (Admin)
- Rackauskas v Lithuanian Judicial Authority [2017] EWHC 1358 (Admin)
- The United States of America v Giese (Rev 1) [2015] EWHC 3658 (Admin)
- The Government of the United States of America v Giese [2015] EWHC 2733 (Admin)
- Antonov & Anor v Prosecutor Generals Office Lithuania [2015] EWHC 1243 (Admin)
- Atraskevic v Prosecutor General's Office, Republic of Lithuania [2015] EWHC 131 (Admin)
- Elashmawy v Court of Brescia, Italy & Ors [2015] EWHC 28 (Admin)
- Florea v The Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin)
- Shankaran v The Government of the State of India & Anor [2014] EWHC 957 (Admin)
- Aleksynas & Ors v Minister of Justice, Republic of Lithuania & Anor [2014] EWHC 437 (Admin)
- Badre v Court of Florence, Italy [2014] EWHC 614
- Lithuania v Liam Campbell [2013] NIQB 19
- Krolik & Ors v Several Judicial Authorities of Poland [2012] EWHC 2357 (Admin)
- Targosinski, R (on the application of) v Judicial Authority of Poland [2011] EWHC 312 (Admin)
- Spiteri v Attorney General of Malta judgment dated 18 July 2017
- Criminal proceedings against Aranyosi (Aranyosi v Generalstaatsanwaltschaft Bremen, Criminal proceedings against Căldăraru) Joined Cases C-404/15 and C-659/15PPU
- DL judgment dated 5 October 2016
- Mironovas and others v Lithuania [2015] ECtHR 1074
- Minister for Justice v McGuigan [2013] IEHC 216
- Ananyev v Russia (2012) 55 EHRR 18
- Othman v UK [2012] 55 EHRR 1
- Kakis v Government of the Republic of Cyprus [1978] 1 WLR 779
- Aleksandravicius and others v Lithuania Applications number 32344/13 and others
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Cases citing this case
21 later cases · 14 positive · 4 neutral · 3 caution
Most senior citing decisions:
- Zabolotnyi v The Mateszalka District Court, Hungary [2021] UKSC 14 approved
- Lukasz Chromczuk & Ors v Polish Judicial Authority [2026] EWHC 2276 (Admin) considered
- Dzintars Jezdauckis v Prosecutor General's Office of The Republic of Latvia [2026] EWHC 1756 (Admin) applied
- Ronald Whelan v Court of Appeal in Paris, France [2026] EWHC 1241 (Admin)
- Janis Sostaks & Anor v Prosecutor General’s Office, Latvia [2025] EWHC 2795 (Admin)
- Gytis Jonas Dambrauskas v Prosecutor General’s Office of the Republic of Lithuania [2025] EWHC 463 (Admin)
- Prosecutor General's Office (Lithuania) v Michailov [2024] EWHC 3001 (Admin)
- Vasile Mihaila v JJudecatoria Piatra Neamt (Romania) [2024] EWHC 43 (Admin)
- Vasile Stanciu v Procurator General's Office of the Republic of Armenia [2022] EWHC 3368 (Admin)
- OLEGAS BAZYS & Anor. v THE VILNIUS COUNTY COURT, REPUBLIC OF LITHUANIA & Anor. [2022] EWHC 1094 (Admin)
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