Victoria Stumbre v Prosecutor General’s Office of the Republic of Lithuania
[2024] EWHC 406 (Admin)
Victoria Stumbre v Prosecutor General’s Office (Lithuania)(No.2)
14 March 2023
[2023] EWHC 556 (Admin)
High Court
A mom is fighting extradition to Lithuania because it would badly hurt her four kids. A judge said she should go, but another judge said there's a good enough argument to have a full hearing on whether taking her away is too harsh on the kids.
Key Facts
- •Appellant, a 35-year-old woman, is wanted for extradition to Lithuania on 36 alleged offences.
- •She was previously extradited to Lithuania in 2020, then returned to the UK and was arrested again in 2021.
- •Appellant has four children, whose welfare is central to the case.
- •The District Judge ordered extradition, but this appeal challenges that decision on Article 8 (ECHR) and Section 19B (forum) grounds.
- •A new Article 3 argument regarding prison conditions in Lithuania was raised but dismissed due to lack of immediate relevance and evidence.
- •The Judge discharged the warrant for 3 of the 36 offences.
- •The appellant admitted to the offences
Legal Principles
Article 8 ECHR: right to respect for private and family life
European Convention on Human Rights
Section 19B of the Extradition Act 2003: forum
Extradition Act 2003
Article 3 ECHR: prohibition of torture and inhuman or degrading treatment
European Convention on Human Rights
Best interests of the child
HH [2012] UKSC 25 [2013] 1 AC 338
Outcomes
Permission to appeal granted on Article 8 grounds.
The Judge's potential diminishment of the children's best interests in the Article 8 balancing exercise, and the failure to explicitly consider the possibility of UK prosecution, raise arguable points.
Permission to appeal refused on Section 19B grounds.
The Judge's application of the Section 19B test was not reasonably arguable as wrong.
New Article 3 argument dismissed.
Insufficient evidence and timeliness of the information.
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