Danil Nicolae Mirita v Dambovita County Court (Romania)
[2024] EWHC 799 (Admin)
Matei Botka v Romanian Judicial Authority
14 June 2024
[2024] EWHC 1332 (Admin)
High Court
A man was ordered to be sent back to Romania for crimes he committed years ago. A higher court decided that waiting so long to send him back, plus the fact he'd built a life in the UK, meant it wasn't fair to send him back now. This highlights the importance of balancing justice with the individual's rights and the impact of delay.
Key Facts
- •Matei Botka appealed his extradition to Romania for driving and drug offences.
- •He was sentenced to a total of 2 years and 5 months imprisonment in absentia.
- •The offences occurred between 2015 and 2018, with the combined sentence becoming final in June 2022.
- •Botka had lived in the UK since July 2018, working part-time and studying at university.
- •The appeal focused on whether extradition would disproportionately infringe his Article 8 ECHR rights (right to private and family life).
- •The District Judge found extradition proportionate; The High Court overturned this decision.
Legal Principles
Article 8 ECHR (right to private and family life) must be balanced against the public interest in extradition.
H(H) v Deputy Prosecutor of the Italian Republic [2013] 1 AC 338
Extradition appeals focus on whether the judge's decision was 'wrong', not a re-hearing of evidence.
Love v Government of the United States of America [2018] 1 WLR 2889
Long, unexplained delays can weigh heavily against extradition, even if the appellant is not a fugitive.
Stryjecki v Polish Judicial Authority [2016] EWHC 3309 (Admin), Done v Romanian Judicial Authority [2020] EWHC 3192 (Admin)
Passage of time is a relevant factor in the Article 8 balancing exercise, capable of affecting the weight given to the public interest in extradition.
Konecny v District Court in Brno-Venkov, Czech Republic [2019] 1 WLR 1586
The consequences of interference with Article 8 rights must be 'exceptionally serious' before extradition is disproportionate.
Celinski (cited in section 40)
Outcomes
Appeal allowed; Order for extradition quashed.
The High Court found the District Judge had wrongly weighed the factors in the Article 8 balancing exercise, particularly the significant delays in proceedings, Botka's young age at the time of the offences, and the impact of extradition on his established life in the UK.