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Jonathan Ashby v The County Court in Sibenik, Croatia

16 October 2024
[2024] EWHC 2613 (Admin)
High Court
A British man was convicted in Croatia and didn't serve his sentence. Croatia wanted him back, but he said they broke a deal to let him serve it in the UK. The judge said Croatia didn't do anything wrong, he had plenty of chances and just avoided his sentence, so it was fair to send him back to Croatia.

Key Facts

  • •Jonathan Ashby, a British citizen, was convicted in Croatia for drug offenses and sentenced to 1 year and 2 months imprisonment.
  • •Croatia requested Ashby serve his sentence in the UK in 2016 and 2019.
  • •The UK seemingly agreed in January 2020, but Ashby didn't comply and took steps to avoid serving his sentence.
  • •Croatia issued a European Arrest Warrant in December 2022 after no action was taken on their transfer request.
  • •Ashby appealed the extradition order on grounds of abuse of process and violation of Article 8 ECHR.

Legal Principles

Abuse of process in extradition cases is a residual jurisdiction, requiring cogent evidence of the requesting authority's bad faith or manipulation of the process.

Belbin v The Regional Court of Lille, France [2015] EWHC 149 (Admin)

The issuing state may withdraw a sentence transfer request before enforcement begins.

Council Framework Decision 2008/909/JHA, Article 13

In assessing an Article 8 ECHR claim, the court balances the individual's rights against the public interest in extradition.

Not explicitly cited, but implied throughout sections discussing Article 8.

Outcomes

Appeal dismissed.

The court found no evidence of bad faith or manipulation by the Croatian authorities. The Croatian authorities were entitled to withdraw their transfer request after years of inaction and attempts by Ashby to avoid serving his sentence. The Article 8 claim failed because the court found the extradition proportionate, considering Ashby's actions and the lack of unusual hardship.

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