A Romanian court wants a man back to serve a prison sentence. A UK court agreed to send him back because he ran away and even if he hadn't, sending him back wouldn't be unfair.
Key Facts
- •Vadim Isac is sought by Romania under a European Arrest Warrant (EAW) for fraud and forgery.
- •He was sentenced to 3 years' imprisonment in 2010, with the sentence activated in 2013.
- •The EAW was issued in 2014, and Isac was arrested in 2020.
- •Isac argued extradition violated his Article 8 (right to private and family life) and initially Article 3 (prohibition of torture) ECHR rights.
- •The judge found Isac's evidence untruthful and that he was a fugitive, attributing the delay in extradition to his actions.
- •The Article 3 claim was dropped due to updated assurances from Romania regarding prison conditions.
Legal Principles
Article 8 ECHR (right to respect for private and family life)
ECHR
Article 3 ECHR (prohibition of torture)
ECHR
Norris v USA [2010] UKSC 9, HH v Italy [2012] UKSC 25, Celinski v Poland [2015] EWHC 1274 (Admin)
UK Supreme Court and High Court
Outcomes
Permission to appeal was refused.
The judge's findings of fact were upheld. The court found that even if Isac were not a fugitive, extradition would not be disproportionate. No error of law or approach was found.