JFH Crime secures the discharge of Romanian EAW
Extradition victory
Solicitor John Howey has secured the discharge of a Romanian client who was facing extradition under EAW (European Arrest Warrant). on the grounds that his extradition would breach his Article 3 Human Rights. This is the result of the High Court decision in Grecu and others.
In that case, the Court followed the decision of the European Court of Human Rights in Muršic v Croatia, where the ECtHR ruled that every person extradited must be guaranteed at least 3 sq meters of cell space. Previously, the High Court had drawn a distinction between prisoners held in closed conditions, which required 3 sq meters, and prisoners held in open or semi-open conditions, where anything over 2 sq meters was held to be sufficient.
The Romanian authorities have, in a number of cases, provided assurances that persons extradited to Romania would be guaranteed 3 sq meters in both open/semi-open and closed conditions. In our case, the Romanian authorities were only able to guarantee 2 sq meters, because of the part of the country our client is from and the prison conditions in that part of the country.
EAW; are prison conditions settled in Romania?
The conclusion we can draw from this is that the prison conditions issue is far from settled. Longer term prisoners will continue to be held in closed conditions, where 3 sq meters appears to be routinely guaranteed. Whether or not the Romanian authorities can guarantee short-term prisoners adequate cell space will depend on the part of the country they are from, which dictates where they would serve their sentence.
Please contact us on 0207 388 1658, or email jhowey@jfhlaw.co.uk if you wish to discuss your extradition matter with us further, or to find out whether you would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
John Howey, Senior Solicitor
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The role of NGOs and EU committees in Extradition
One of the arguments often raised against extradition is the right not to be subjected to degrading/inhuman treatment whilst in prison. The state of prison conditions across Europe varies widely; poor conditions have been reported in Belgium (read our article about Belgian prison conditions here) whilst across the border in the Netherlands, there are a lack of prisoners to fill their prisons.
In order to argue prison conditions as a bar to extradition, the onus lies on the Requested Person to provide ‘objective, reliable, specific and properly updated evidence’. It is insufficient to rely on anecdotal evidence. Therefore, extradition lawyers turn to Non-Governmental Organisations (NGOs), EU committees and other international bodies for such evidence.
Fair Trials
One of the NGOs extradition lawyers work with is Fair Trials. Fair Trials seeks to promote the right to a fair trial in criminal proceedings, through campaigns, the provision of information and tool-kits for lawyers, and intervening in cases (they intervened in the case of Ibrahim and oths v UK APPS No. 50541/08 and oths)
When someone is extradited to a country where there is a real risk that he or she will be subjected to degrading/inhuman treatment as a result of the prison conditions they will be placed in, the requesting state will most likely provide an assurance that they will be detained in Article 3 compliant prisons if they are extradited. After extradition takes place, there is little extradition lawyers can do to monitor the effectiveness of such assurances. Lawyers will have to turn to NGOs such as Fair Trials for such information.
Please contact us on 0207 388 1658, or email jhowey@jfhlaw.co.uk if you wish to discuss your extradition matter with us further, or to find out whether you would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
Cheryl Low, Solicitor
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Prison break; mental health inside prison
Since May 2017 the prison population has grown beyond projected figures to 86,413 despite fewer offences being brought to court. An official capacity of 87,209 in the UK’s prisons is fast being approached. With conditions in prisons already at breaking point and provisions for prisoners worse than ever, the simple fact is that our country needs to overhaul the way in which we they are treated, especially those with mental health problems.
It is a damning indictment that the pride we place, or at least once did, on the provision of an NHS for all does not extend to those in custody. The Guardian recently reported that medical provision was so bad in some prisons that if it were a privately run service outside, it would be shut down. It should be noted that those in custody include defendants awaiting trial as well as those serving sentences, not that the distinction should matter, as health care ought to be a basic expectation.
The purpose of any sentence is not just to punish but to rehabilitate; we cannot as a society do that, or claim to do that, if the most vulnerable are left to suffer. Mental health services are in decline following years of cut-backs. As a result more defendants with mental illnesses are coming into the prison system – it is unsurprising that during the most recent HMI visit to HMP Pentonville 25% of the population declared that they were suffering depression or suicidal tendencies on arrival, with 84% declaring problems of some kind more generally.
One of our own clients has reported that in response to his request for assistance with his serious mental health issues he was given a colouring in book. It is a sad reflection of our times that the care provision has reached such a sorry state of affairs that medical professionals actively avoid practising in some establishments.
UK prisons; profit over care?
Prisons too have suffered cut-backs; successive Conservative governments have sold off prison estate and the running of prisons to private investors. The emphasis has moved to profit over care. The direct result of those cut backs are that prisoners face more time in their cells because the ratio of staff to population is 1 to 50. Imagine being responsible for 50 young men or women, all with their own unique challenges and demands. Shockingly our zoos have a better ratio of staff to population. Couple this with the lack of appropriate mental health care and one can see why there is a rising trend of prison riots and disturbances.
Internet and mobile phones for prisoners?
Although a recent suggestion by MP Vicky Ford that inmates at HMP Chelmsford be given access to mobile phones and other technology was met with ridicule on social media, the idea is sound. With almost one in three adult offenders re-offending there has to be better support for prisoners post-release. Allowing better and more regular contact with families and friends would surely instil a sense of trust in prisoners which in turn is likely to improve self-esteem and confidence.
Our society has changed, we are now connected in far more ways than before in a digital era. Withdrawing that freedom of contact from prisoners is punishment, earning it back demonstrates that we trust them to use it properly. Incentivising learning and development with a trust based reward system has to be better than the current attitude of excessive lockdown.
If the prison population continues to grow and funding continues to decrease, we will soon be at tipping point with a prison system that does nothing to educate and rehabilitate offenders nor maintain their physical or mental health and wellbeing whilst inside. Of course, there has to be an aspect of punishment, and prison should be a deterrent, but that does not mean that we should treat our criminals with no dignity, deny them basic rights and an opportunity to rehabilitate themselves.
As we often remind the court the purpose of any sentence is punishment and rehabilitation, let’s not lose sight of the latter.
If you are facing a criminal proceedings which could carry a custodial sentence contact our team at JFH Crime on 020 7388 1658 or lawyers@jfhlaw.co.uk.
John Howey, Senior Solicitor
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Romanian prison conditions; update
The Daily Mail has reacted with its usual predictable outrage and lack of understanding to the recent decision of the High Court in the case of Grecu & Bagarea v Romania. This is the latest case in the ongoing saga of Romanian prison conditions.
Romanian prisons and the Article 3 Human Rights
There have been a number of cases both in this country and throughout the rest of Europe where people who are wanted by Romania have sought to challenge their extradition on the grounds that it would be a breach of their Article 3 Human Rights. It is widely accepted that the prison conditions in Romania are very poor, both in terms of the space allocated to an individual prisoner and the overall conditions.
Challenges in this country have been brought mainly in relation to the amount of space that prisoners are held in. In previous cases, the Court has decided that the amount of space that a prisoner would normally have is not enough. However, the Romanian authorities have promised that people extradited from the UK would be held in better conditions, with more space. Evidence from people later extradited has made it clear that this is not happening, and the Romanian authorities have accepted that there are problems.
At some point, the High Court is going to have to decide whether the Romanian assurances can be relied upon, as they continually breach them. The signs from other courts in Europe, and in particular from a Croatian case heard in the European Court of Human Rights, is that patience has run out. Our article JFH Crime secures the discharge of Romanian EAW, talks about the latest update from September 2017.
Another ‘last chance’ for Romania
Contrary to the Daily Mail’s view, the High Court has not said that Grecu and Baggarea can stay in this country. They have allowed the Romanian authorities ‘a final opportunity’ to provide the necessary undertakings, despite Romania having had a number of ‘last chances’. The Court appear to acknowledge that if the Romanian authorities cannot do so, there can be no extradition to Romania until the problem is resolved. It is likely that the High Court will make a decision in this case in the next few weeks, but do not expect that to be the end of the matter.
Please contact John Howey on 0207 388 1658, or email jhowey@jfhlaw.co.uk if you wish to discuss your extradition matter with us further, or to find out whether your would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
John Howey, Senior Solicitor
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Extradition news; Romanian prison conditions update
On 15th March, the High Court granted permission to appeal to a number of appellants who have once again raised the dire state of Romanian prison conditions. However, permission to appeal is limited to people who have been sentenced to 3 years’ imprisonment or less. Presently, Romania has given an assurance to the UK that those who serve 3 years or less will be placed in prison cells with at least 2 square metres in semi-open prison conditions. Prisoners who face more than 3 years’ imprisonment will be detained in closed conditions where Romania has guaranteed them individual space of at least 3 square metres.
The case of Mursic v Croatia
The High Court relied on the case of Mursic v Croatia, a Grand Chamber decision in the European Court of Human Rights. In Mursic v Croatia, it was decided there is a presumption of risk of degrading treatment if a prisoner is placed in a cell with less than 3 square metres of individual space. The Government then has an obligation to prove to the Court how this cell is compatible with the prisoner’s human rights.
What this means is that anyone facing extradition to Romania to serve a sentence of 3 years or less, or accused of an offence carrying a maximum sentence of 3 years or less, will not be extradited until the appeal is heard. It is likely that this will not be for at least two months, and possibly much longer if there is an appeal to the Supreme Court.
Please contact us on 0207 388 1658, or email jhowey@jfhlaw.co.uk if you wish to discuss your extradition matter with us further, or to find out whether your would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
Cheryl Low, Solicitor
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