SA v The Buftea Court, Romania
[2024] EWHC 2950 (Admin)
Hasan Koceku v Republic of Albania
10 May 2024
[2024] EWHC 1028 (Admin)
High Court
A man was convicted of a gun crime in Albania but both he and the prosecution appealed. He now faces extradition from the UK. He argued that because the prosecution wants a lighter sentence, and he's a victim of modern slavery, extradition would violate his human rights. The court disagreed, saying the original crime was serious, and the other claims didn't change that.
Key Facts
- •Hasan Koceku appeals a district judge's decision to extradite him to Albania.
- •Koceku was convicted in Albania for illegal possession of firearms and ammunition, with a two-year prison sentence.
- •Both the defense and the prosecution appealed the Albanian conviction and sentence.
- •The prosecution in Albania argued that the original sentence was a mistake and sought a suspended sentence.
- •Koceku claims fresh evidence shows he was a victim of modern slavery.
- •The appeal centers on whether extradition would disproportionately infringe Koceku's Article 8 ECHR rights.
Legal Principles
Extradition appeals under Part 2 of the Extradition Act 2003 can only be allowed if the first instance judge ought to have decided differently and discharging the defendant would have been required.
Extradition Act 2003, s 104(2)-(4)
The test for allowing an appeal is whether the district judge's decision was 'wrong'. The appeal focuses on error, not a re-hearing of evidence.
Love v Government of the United States [2018] 1 WLR 2889
In Article 8 proportionality assessments concerning extradition, the public interest in extradition carries significant weight, but this weight varies depending on the crime's severity and other factors.
H(H) v Deputy Prosecutor of the Italian Republic [2013] 1 AC 338
The independence of prosecutorial decisions (to prosecute, not sentence) must be considered in Article 8 assessments.
Celinski v Polish Judicial Authorities [2016] 1 WLR 551
Conclusive Grounds decisions regarding modern slavery are not binding expert evidence in criminal trials.
R v Brecani [2021] EWCA Crim 731
Outcomes
Appeal dismissed.
The judge did not err in his Article 8 assessment. The prosecution's appeal in Albania, while unusual, did not outweigh the public interest in extradition. The fresh evidence (modern slavery claim) was deemed insufficient. Other factors considered by the judge, such as the violence involved in the offence and Koceku's mental health, were given appropriate weight.
Similar Cases
Hans Kacerri v Government of Albania
[2024] EWHC 1954 (Admin)
District Court of Bratislava (Slovakia) v Gabriel Soltes
[2024] EWHC 2754 (Admin)
Vojtech Drahonsky v District Court of Usti Nad Laden (Czech Republic)
[2023] EWHC 2858 (Admin)
Viorel Ovidiu Sandulescu v Ramnicu Valcea Court (Romania)
[2024] EWHC 1026 (Admin)