Zygmunt Rawicz-Oledzki v Circuit Court in Poznan (Poland)
[2023] EWHC 2955 (Admin)
Leszek Bialy v Regional Court of Ostroleka, Poland
6 February 2024
[2024] EWHC 232 (Admin)
High Court
A man was ordered to be sent back to Poland to face drug charges. He tried to appeal, arguing there wasn't enough evidence against him, it would be unfair because of the time that has passed, and it would harm his family. The court decided the evidence was sufficient and the reasons for sending him back outweighed his concerns. His appeal failed.
Key Facts
- •Leszek Bialy's extradition to Poland was ordered on 23 August 2023 for alleged drug trafficking offences (2012-2016).
- •Bialy challenges the extradition on various grounds, including inadequate evidence, potential double jeopardy, and violation of Article 8 (private and family life).
- •New evidence concerning a Polish application to revoke preventive measures and subsequent appeal was presented.
- •Bialy argues that the passage of time renders extradition unjust and oppressive.
- •The judge considered issues of dual criminality, proportionality, and the passage of time in assessing the extradition request.
Legal Principles
Extradition courts apply legal tests and principles to determine if there are bars to extradition; they do not decide guilt or innocence.
Case law and established principles
Section 21A considers the proportionality of extradition in relation to the seriousness of the allegations.
Section 21A of the relevant extradition legislation
Section 14 and Article 8 are relevant to the consideration of passage of time and private/family life.
Section 14 of the relevant extradition legislation; Article 8 of the European Convention on Human Rights
Outcomes
The appeal against extradition was refused.
The judge found no bars to extradition; the public interest in extradition outweighed the factors against it.
Permission to adduce fresh evidence was refused.
The evidence was deemed incapable of being decisive.
Permission to appeal was refused.
There was no realistic prospect of success.