Mario Bakai v District Court In Dunajska Streda
[2024] EWHC 1768 (Admin)
Patrik Bartos v District Court in Kosice (Slovakia)
16 November 2023
[2023] EWHC 2902 (Admin)
High Court
A man is wanted in Slovakia for serious crimes. He has a family in the UK and mental health issues. A judge decided that sending him to Slovakia is fair, even though it will be hard on his family. His appeal failed because the judge thought the need to uphold the law outweighed the difficulties his family would face.
Key Facts
- •Appellant (born 1992 in Czech Republic, UK resident since 1997) sought to appeal refusal of extradition to Slovakia.
- •Appellant has indefinite leave to remain in the UK.
- •Appellant has a partner and two daughters (10 and 15 months old), the younger having significant health issues.
- •Appellant has previous convictions: fraud and money laundering in Estonia (2016/17), and theft in Czech Republic (2015).
- •Slovakian warrant (Feb 2022, certified Nov 2022) alleges money laundering offences (March-August 2017).
- •District Judge ordered extradition (Feb 2023), considering the seriousness of the alleged offences and Article 8 ECHR rights.
- •Appellant has learning difficulties and mental health issues, including self-harm.
Legal Principles
Article 8 ECHR (right to respect for private and family life)
European Convention on Human Rights
Balancing of Article 8 rights against the public interest in extradition.
Case law on extradition and Article 8 ECHR
Outcomes
Permission to appeal refused.
The judge found that the Article 8 rights of the appellant and his family, while significant, did not outweigh the public interest in extradition. The delay in the Slovakian proceedings, while noted, was not considered sufficient to overturn the extradition order.
Application for extension of time granted.
The solicitor's failure to serve the renewal notice was accepted as grounds for granting an extension.
Application for extension of representation order refused.
The court deemed that a psychologist's report would not materially alter the situation.