Lukasz Adrian Dobrowolski v District Court in Bydgoszcz, Poland
[2023] EWHC 763 (Admin)
Sylwester Debicki v The District Court in Gdansk, Poland
29 October 2024
[2024] EWHC 2996 (Admin)
High Court
A man appealed his extradition to Poland for lying in court. He said he was suicidal and would lose his family. The judge decided the man should still go to Poland because there wasn't enough proof that he would actually kill himself there, and that being in jail for a smaller part of his sentence wasn't a big enough reason not to send him back. The judge also thought his family life concerns weren't strong enough to stop the extradition.
Key Facts
- •Sylwester Debicki appeals against extradition to Poland to serve an eight-month sentence for perjury.
- •He admits the offense but argues against extradition based on mental health concerns and the Article 8 right to family life.
- •He attempted suicide after the initial extradition order.
- •New evidence includes a psychiatric report and details of subsequent criminal charges in the UK.
- •He was remanded in custody for breaching bail conditions in the extradition case.
- •Ongoing criminal charges in Hull Magistrates' Court are expected to be resolved soon.
- •Debicki has a partner and a newborn daughter in the UK.
- •The Polish court did not hear mitigating factors, including mental health issues, at the sentencing hearing.
Legal Principles
Extradition should not be unjust or oppressive (Section 25(2) of the Extradition Act 2003).
Extradition Act 2003
Presumption that the receiving state will prevent suicide unless there is strong evidence to the contrary.
Polish Judicial Authority v Wolkowicz and Others [2013] EWHC 102 (Admin)
Article 8 ECHR right to respect for private and family life; balancing exercise considering public interest in extradition against potential hardship.
Celinski balancing exercise (implied)
Outcomes
Appeal dismissed.
The evidence does not meet the high threshold for unjust or oppressive extradition under Section 25(2). The additional evidence does not overturn the initial Article 8 balancing exercise.
Application for adjournment and extension to representation order refused.
A further psychiatric report would not provide decisive information on suicide prevention measures in Polish prisons. The ongoing criminal proceedings and Supreme Court appeal are not sufficient grounds for adjournment.