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Jerzy Suszynski v Regional Court in Gorzow (Poland)

16 November 2023
[2023] EWHC 2899 (Admin)
High Court
A Polish man living in the UK for many years was ordered to be sent back to Poland to serve a prison sentence for an old drug conviction. He tried to appeal, arguing that it would be unfair and violate his human rights. The court decided the appeal had no chance of success because evidence showed he ran away and there were good reasons to extradite him.

Key Facts

  • Extradition appeal by Jerzy Suszynski from Poland to the UK.
  • Conviction for possession of 94.8g of marijuana with intent to supply (20-month sentence).
  • Appellant fled to the UK in January 2008, failing to notify Polish authorities of his address change.
  • Extradition warrant issued in November 2011, certified in October 2022.
  • Appellant claims police beat him and he was forced to confess.
  • Appellant established life in the UK for 15 years with no convictions.
  • District Judge Clarke ordered extradition in February 2023.
  • Appellant argued Section 14 oppression and Article 8 proportionality.

Legal Principles

Section 14 Oppression in extradition cases.

UK Extradition Act

Article 8 ECHR (right to respect for private and family life) proportionality in extradition cases.

European Convention on Human Rights, Article 8

Outcomes

Application for permission to appeal refused.

The Judge's findings that the appellant was a fugitive and that extradition was not oppressive under Section 14 and not disproportionate under Article 8 were justified and correct. There was no realistic prospect of success at a full hearing.

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