Danil Nicolae Mirita v Dambovita County Court (Romania)
[2024] EWHC 799 (Admin)
Marian Raducan v Bihor Court, Oradea, Romania
16 May 2024
[2024] EWHC 1180 (Admin)
High Court
A man is wanted in Romania for a crime. He argues he shouldn't be sent back because a curfew he's under should count towards his sentence. The UK court said it's up to Romania to decide that, and refused to stop the extradition.
Key Facts
- •Marian Raducan (Appellant), aged 41, is wanted for extradition to Romania for a corruption offence.
- •He was convicted in May 2012 and sentenced to 3 years custody.
- •Extradition was ordered in February 2021.
- •Appellant was subject to an electronically-monitored curfew (midnight to 3 am) since December 2018.
- •The sole ground of appeal is based on Article 8 ECHR (right to private and family life), arguing the curfew is a relevant factor.
- •A Romanian lawyer submitted an expert report suggesting a parity deduction for the curfew under Romanian law, based on previous cases like Bagarea and Ticu.
- •The Romanian court adjourned the appeal, awaiting the outcome of the UK extradition proceedings.
- •The Appellant cited the Fotea case, where a sentence was deemed served due to pre-surrender remand, but this was deemed irrelevant.
Legal Principles
Article 8 ECHR (right to private and family life)
European Convention on Human Rights
Extradition principles under UK law
UK Extradition Act and case law
Romanian law concerning parity deductions for pre-trial detention
CCR Decision No.650 of 11.11.14; Bagarea (19.1.18); Ticu (7.11.18); Fotea (26.4.24)
Outcomes
Application for permission to appeal refused.
The court found no reasonably arguable basis that the 3-hour curfew constituted "house arrest" under Romanian law, entitling the Appellant to a sentence deduction. It is not the role of the UK court to decide points of Romanian law. Further, the Romanian courts have consistently adjourned proceedings pending the UK decision.
Application to delay the order's effect refused.
The Romanian court has repeatedly adjourned its proceedings pending the UK's decision; therefore, further delay is unjustified.