Sylwester Debicki v The District Court in Gdansk, Poland
[2024] EWHC 2996 (Admin)
Mariusz Szentak v Regional Court of Lublin (Poland)
28 June 2023
[2023] EWHC 1596 (Admin)
High Court
A man facing extradition to Poland argued he was too sick (bad back, mental health problems, attempted suicide) to go. The court looked at if Poland would take care of him and decided they would, so he has to go.
Key Facts
- •Mariusz Szentak's extradition to Poland was sought based on a 2016 assault conviction.
- •Szentak resisted extradition due to back pain and a subsequent suicide attempt.
- •His initial extradition order was appealed, and permission to appeal was refused.
- •After a suicide attempt, Szentak's appeal was reopened, with a psychiatric report revealing PTSD, depression, and a high suicide risk.
- •The court considered the interplay between Szentak's physical and mental health and the Polish authorities' ability to provide adequate care.
- •New medical evidence and information from Polish authorities were sought and provided.
- •The court reviewed UK and Polish medical capabilities and timelines for surgery.
Legal Principles
Reopening extradition appeals requires demonstrating it's necessary to avoid real injustice, the circumstances are exceptional, and there's no alternative remedy.
Criminal Procedure Rule 50.27
Extradition appeals may be allowed if the judge at the extradition hearing should have decided differently, or if new issues/evidence could have led to a different decision.
Extradition Act 2003, section 27
Extradition may be barred if a person's physical or mental condition makes extradition unjust or oppressive.
Extradition Act 2003, section 25
In Article 8 ECHR cases involving medical conditions, courts must intensely focus on the condition's impact on daily life and the requesting state's ability to provide adequate care.
Magiera v District Court of Krakow, Poland [2017] EWHC 2757 (Admin)
To determine if extradition is unjust or oppressive due to suicide risk, a high threshold must be met; the mental condition must remove the capacity to resist suicide impulses.
Turner v Government of the USA [2012] EWHC 2426 (Admin)
Outcomes
The application to reopen Szentak's appeal was refused.
While Szentak's health condition is serious, the court found that the new evidence did not meet the high threshold for reopening the appeal under CrimPR 50.27. The Polish authorities provided assurances of adequate medical care, and there was no sufficient basis to conclude that extradition would be disproportionate to his Article 8 rights.
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