Vojtech Drahonsky v District Court of Usti Nad Laden (Czech Republic)
[2023] EWHC 2858 (Admin)
Arnost Berki v Czech Republic
28 February 2024
[2024] EWHC 428 (Admin)
High Court
A man appealed extradition to the Czech Republic, arguing it would violate his right to family life. The court said his criminal record was too serious and refused the appeal. However, because he'd been arrested for new crimes, extradition was delayed until those cases are finished.
Key Facts
- •Arnost Berki, a 48-year-old with 25 criminal convictions, appealed an extradition order to the Czech Republic.
- •He was previously extradited to the Czech Republic in 2014 and returned to the UK in 2019 after further offences.
- •The extradition order was made by District Judge Zani on April 14, 2022.
- •Berki argued against extradition based on Article 8 (right to private and family life) of the European Convention on Human Rights.
- •Permission to appeal was initially refused by Dove J in March 2023.
- •Berki represented himself throughout the appeal process.
- •Berki was arrested on February 19, 2024, for new domestic offences and bail violation.
- •The appeal hearing took place on February 28, 2024.
Legal Principles
Article 8 ECHR (Right to Respect for Private and Family Life)
European Convention on Human Rights
Section 36B(2) of the Extradition Act 2003 (Restriction on Removal Pending Domestic Proceedings)
Extradition Act 2003
Criminal Procedure Rule 50.23(3)(b) (Appropriate Judge for Section 36B Orders)
Criminal Procedure Rules
Outcomes
Permission to appeal refused.
The judge found the Article 8 arguments weak, considering Berki's extensive criminal history and the fact he wasn't the sole carer for his children. The judge also considered the careful analysis of the original judge and found no new information to warrant a different outcome. The appeal had no prospect of success.
Order made under section 36B(2) of the Extradition Act 2003.
To prevent Berki's removal to the Czech Republic until his pending domestic proceedings are concluded.