Romanian prison conditions and the fallout from Grecu and others
The consequences of the High Court decision in Grecu and others earlier this year are now being seen in other cases relating to Romanian prison conditions. In that case, the High Court ruled that extradition to Romania could only go ahead if the Romanian authorities were able to show that a requested person would be held in a cell with at least 3 square meters of space. This week, a Romanian client of ours was successful in his appeal after the Judicial Authority conceded that they could not provide a satisfactory assurance that our client would be held in appropriate conditions. As a result, he was discharged and released from custody.
It is important to note that this is not necessarily the end of the matter, either for this client or for others in his position.
The EAW can still be issued in other countries, so if he travelled elsewhere in Europe he could be arrested there. Depending on the extradition law in that country, he could still be extradited. The EAW could be reissued in this country, if Romania are ever able to sort out their prison system. The domestic arrest warrant is still valid in Romania, so if he went back to Romania he could still be arrested there.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.