Marcin Cwiklinski v Polish Judicial Authority
[2023] EWHC 2901 (Admin)
Zygmunt Rawicz-Oledzki v Circuit Court in Poznan (Poland)
21 November 2023
[2023] EWHC 2955 (Admin)
High Court
A man is wanted in Poland for drug dealing he did years ago. He ran to the UK and lived there for a long time. A judge ordered his return to Poland. The man tried to appeal saying his life in the UK would be disrupted. The appeal failed because the crime was serious and he ran away from the Polish police initially. The judge considered all arguments before making the decision
Key Facts
- •Appellant (43) wanted for extradition to Poland for alleged drug dealing (marijuana and ecstasy) to a minor between 1999-2003.
- •Appellant fled to the UK in 2006 and has lived there without convictions.
- •Extradition was ordered by District Judge Clarke in November 2022.
- •The main issue is Article 8 ECHR (right to private and family life).
- •Appellant's relationship with his partner ended recently.
- •Judge found Appellant fled Poland in 2006 to evade authorities.
Legal Principles
Article 8 ECHR (right to private and family life)
European Convention on Human Rights
Extradition principles considering the passage of time, fugitive status, and seriousness of the offense.
UK Extradition Law
Outcomes
Permission to appeal refused.
The Judge's decision was within the range of reasonable outcomes. The public interest in extradition, given the seriousness of the offence and the Appellant's fugitive status, outweighed the Article 8 considerations. The passage of time, while a factor, was not sufficient to overturn the extradition order given the circumstances.