Marcin Cwiklinski v Polish Judicial Authority
[2023] EWHC 2901 (Admin)
Bartomiej Glanda v Polish Judicial Authority
1 May 2024
[2024] EWHC 1025 (Admin)
High Court
A man convicted of serious crimes in Poland is fighting extradition to the UK. A judge decided he didn't have good enough reasons to stay and he must return to Poland to serve his sentence.
Key Facts
- •Bartomiej Glanda (Appellant), aged 29, is wanted for extradition to Poland.
- •Convicted in Poland in 2016 of rape and threats to kill (3 years 3 months imprisonment).
- •Two appeals in Poland were dismissed.
- •Appellant absconded to the UK after conviction.
- •Appellant claims unfair conviction, lack of independent Polish courts, and injustice.
- •District Judge Tempia ordered extradition, finding no 'flagrant denial' of a fair hearing.
- •Appellant has been working in the UK and has family here.
- •Ombudsman is reportedly looking into the Appellant's case.
- •Approximately 16 months of sentence remain to be served.
Legal Principles
Extradition proceedings are not an appeal against conviction.
District Judge Tempia's decision
'Flagrant denial' of a fair hearing is a high threshold in extradition cases.
District Judge Tempia's decision
The independence of the Polish courts has been addressed in previous extradition cases.
Fordham J's judgment
Extradition will not violate Article 8 ECHR rights if the individual is a fugitive and there are strong public interest considerations.
Fordham J's judgment
Outcomes
Permission to appeal refused.
No arguable grounds of appeal; the judge's decision was correct; the 'flagrant denial' threshold was not met; no violation of Article 8 ECHR.