Jacek Smolarek v Polish Judicial Authority
[2023] EWHC 2860 (Admin)
Valerijs Lukasovs v General Prosecutor’s Office (Latvia)
21 November 2023
[2023] EWHC 2957 (Admin)
High Court
A man is wanted in Latvia for arson. He was arrested in the UK and a judge ordered his extradition. He appealed, saying it would violate his right to family life and that he wasn't a fugitive. The court found he had actively avoided the Latvian authorities and the crime was serious enough to justify extradition. The appeal was dismissed.
Key Facts
- •Valerijs Lukasovs (Appellant), aged 33, is wanted for extradition to Latvia for arson committed in 2014.
- •He was arrested in the UK in April 2022 on an extradition warrant.
- •A District Judge ordered his extradition in December 2022.
- •The appeal focuses solely on Article 8 ECHR (right to private and family life).
- •The Appellant argues he was wrongly classified as a fugitive.
- •He admits failing to update his address after moving in the UK in 2017.
- •The Appellant has family in the UK including a partner and children.
- •The Latvian authorities' delays in pursuing the case are also cited.
- •The Appellant has been employed and has no other convictions in the UK.
Legal Principles
Article 8 ECHR (right to private and family life)
European Convention on Human Rights
Section 14 of the Extradition Act (oppression or injustice by reason of the passage of time)
Extradition Act
Section 21A of the Extradition Act (statutory proportionality)
Extradition Act
Fugitivity in extradition cases
De Zorzi v France [2019] EWHC 2062 (Admin)
Outcomes
The application for permission to appeal was refused.
The judge found that while there was an arguable issue regarding fugitivity, the overall circumstances, including the appellant's deliberate actions in failing to update his address, and the seriousness of the offence, decisively outweighed the Article 8 considerations against extradition. The passage of time was largely a consequence of the appellant's own actions.
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