Kamil Drzewiecki v Polish Judicial Authority
[2024] EWHC 1756 (Admin)
Ewa Andrysiewicz v Circuit Court in Lodz, Poland
11 June 2024
[2024] EWHC 1399 (Admin)
High Court
Someone was convicted of fraud in Poland years ago and fled to the UK. They fought extradition, saying it would violate their right to a private life and that they might get out of prison early in Poland. The court said the UK must respect international agreements and that it shouldn't guess what a Polish court will do. They lost the appeal and will be sent back to Poland.
Key Facts
- •Appeal against an extradition order for fraud offences committed in Poland between 2007-2009.
- •Appellant convicted in Poland in 2016, two-year suspended sentence activated in 2018.
- •Appellant fled to the UK in 2016 and has lived there since.
- •Appellant argues extradition is disproportionate under Article 8 ECHR due to passage of time and possibility of early release under Polish law.
- •District Judge rejected the Article 8 claim, finding limited UK ties and serious nature of the offences.
- •Appellant's Article 77 application for early release in Poland is pending.
Legal Principles
Proportionality under Article 8 ECHR in extradition cases.
Polish Judicial Authority v Celinski [2016] 1 WLR 551
Significance of passage of time in Article 8 proportionality assessment.
Adamek v Judicial Authority, Poland [2018] EWHC 578 (Admin)
Consideration of potential early release under foreign law in Article 8 assessment.
Dobrowolski v District Court in Bydgoszcz, Poland [2023] EWHC 763 (Admin)
The court should not prejudge applications under Article 77 of the Polish Penal Code.
Sobczyk v Circuit Court in Katowica, Poland [2017] EWHC 3353 (Admin); Dablewski v Regional Court in Lublin, Poland [2024] EWHC 957 (Admin)
Outcomes
Appeal dismissed.
The Judge found the District Judge's conclusion on Article 8 was correct. The passage of time did not significantly strengthen Article 8 interests, and the possibility of early release under Article 77 was not a sufficient factor to outweigh the public interest in extradition. The court should not anticipate the Polish court's decision on Article 77.