Kolodziej v Regional Court in Lublin (Poland) [2015] EWHC 1639 (Admin)

18th Jun 2015

In a decision of the Administrative Court, an appeal against orders for extradition to Poland on grounds of specialty, and oppression due to passage of time, and the right to private and family life under Article 8 of the European Convention on Human Rights (ECHR) was dismissed. The judgment is here.

Mr Kolodziej was convicted and sentenced to two years and six months imprisonment for theft, criminal damage and burglary, in 2002 and 2003. He contended:

  1. Specialty was breached: an aggregation of his sentence for a prior extradited offence and other offences had occurred.
  2. Oppression due to passage of time.
  3. The consequences of his extradition on his wife and daughter violated Article 8 of the ECHR.

The Honourable Mr Justice Cranston held:

  1. The Regional Court in Lublin, the judicial authority, did not breach specialty provisions through the aggregation of sentences. The appellant had been convicted and sentenced on the current offences prior to his earlier extradition. Mr Kolodziej participated at his hearing and was represented, and exercised his specialty rights.
  2. Delay flowed from the appellant’s conduct. Mr Kolodziej failed to maintain contact with the authorities.
  3. Extradition did not have exceptionally serious consequences for his family outweighing the public interest. Celinski considered.

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