Leonida Vasile v Brad City Court, Romania
[2024] EWHC 1262 (Admin)
Viorel Ovidiu Sandulescu v Ramnicu Valcea Court (Romania)
1 May 2024
[2024] EWHC 1026 (Admin)
High Court
A former Romanian police officer facing extradition to serve time for past crimes argued he'd be in danger and that his family life would suffer. The UK court disagreed, saying the risk wasn't high enough and the need for him to serve his sentence outweighed those concerns. The court also said new evidence didn't change its mind.
Key Facts
- •Viorel Ovidiu Sandulescu (Appellant), a 48-year-old former Romanian police officer, is wanted for extradition to Romania to serve a 3-year 10-month sentence for unlawfully held ammunition and misappropriation of traffic fines.
- •Extradition was ordered by District Judge Zani on 25 August 2023.
- •The Appellant raised Article 3 and Article 8 ECHR arguments against extradition.
- •New information emerged regarding a Romanian court hearing to potentially overturn the ammunition conviction.
- •The Appellant argued a lack of specific assurance regarding protection from non-state actors.
- •The Appellant argued the Judge wrongly considered the UK a 'safe haven' and failed to adequately weigh the impact on family life.
Legal Principles
Article 3 ECHR: Prohibition of torture and inhuman or degrading treatment.
European Convention on Human Rights
Article 8 ECHR: Right to respect for private and family life.
European Convention on Human Rights
Reasonable protection test for non-state actors in extradition cases.
Lord Advocate v Dean [2017] UKSC 44 [2017] 1 WLR 2721
Outcomes
Permission to appeal refused.
The Judge found no realistic prospect of success on the Article 3 or Article 8 grounds. The court deemed the prison assurance adequate, and the Article 8 balancing exercise correctly weighed the public interest in extradition against the Appellant's personal circumstances.