Extradition to Poland successfully appealed on grounds of client’s health

Our client was sought by the Polish authorities who issued a European Arrest Warrant for his extradition to serve two sentences totalling 28 months imposed in 2006 for using false documents in order to obtain a loan. In the intervening period The Appellant developed a form of colorectal cancer which although successfully operated upon, further complications followed which resulted in him needing to use a stoma bag.

Partner Jonathan Black instructed Solicitor Advocate  Robert Katz to advance the appealbefore Mr Justice Julian Knowles QC. In advancing the appeal, a report was prepared by Mr Manish Chand Colorectal Surgeon at UCH who concluded,

“I am not convinced that incarceration in the circumstances suggested would be appropriate or in the best physical and psychological interests for the management of his complicated stoma, colorectal cancer and associated conditions.”

A report was also obtained from Polish Prisons conditions expert, Maria Ejchart-Dubois, who stated“Due to insufficient number of medical personnel it is very likely that Mr Magiera would not be provided with sufficient medical assistance. In his daily life, physiological and hygiene needs he will be left to rely on the help of his fellow inmates. Mr M might not be provided with sufficient amount of hygienic materials. As a result, he will be more susceptible to infection.”

The contents of both reports supporting submissions made on behalf of the Appellant led The Court to rule,

“In my judgement, to place the Appellant at risk of being unable to care for himself in a hygienic and dignified way for any length of time would unquestionably be oppressive and in violation of s25 of the EA 2003 and would also be a disproportionate interference with his right to a private and family life under Article 8 of the Convention. It constitutes the sort of particular, distinct and severe hardship which is necessary to reach the necessary thresholds for these provisions.“


Full Judgement available here