Dariusz Andrzej Oniszk v Polish Judicial Authority
[2023] EWHC 535 (Admin)
Igor Kopan v Regional Court in Czestochowa, Poland
29 August 2024
[2024] EWHC 2229 (Admin)
High Court
A man was to be sent back to Poland for crimes he allegedly committed almost 20 years ago. The Polish authorities waited a very long time to ask for him back, and now he's seriously ill. The judge decided it would be unfair and harsh to send him back now, so stopped the extradition.
Key Facts
- •Igor Kopan appealed an extradition order to Poland for fraud offences allegedly committed between 2004 and 2006.
- •Poland knew Kopan was in the UK since 2007 but did not issue a European Arrest Warrant until 2022.
- •Kopan was diagnosed with a serious form of cancer requiring significant surgery and chemotherapy after the initial hearing.
- •The delay in issuing the warrant was deemed culpable by the Respondent.
Legal Principles
Extradition is barred by reason of the passage of time if it would be unjust or oppressive due to the time elapsed since the alleged offence.
Extradition Act 2003, sections 11(1)(c) and 14
In fresh evidence cases, the court makes its own assessment de novo on the material as it now stands to determine whether extradition is barred.
Love v Government of the United States of America [2018] EWHC 172 (Admin), Olga C v The Prosecutor General's Office of the Republic of Latvia [2016] EWHC 2211 (Admin), Versluis v The Public Prosecutor's Office in Zwolle-Lelystad, The Netherlands [2019] EWHC 764 (Admin), De Zorzi v Attorney General, Appeal Court of Paris [2019] 1 WLR 6249
'Unjust' refers to prejudice to the accused during trial, 'oppressive' to hardship due to changed circumstances; delay caused by the accused is not a bar.
Kakis v Government of the Republic of Cyprus [1978] 1 WLR 779
Long delays in extradition, especially those caused by the requesting state, must be considered when determining whether extradition is just and oppressive.
R v Secretary of State ex parte Patel (1995) 7 Admin LR 56
Outcomes
Appeal allowed; extradition order quashed.
The nearly 20-year culpable delay by the Respondent, coupled with Kopan's recent serious illness, made extradition oppressive.