Dogaev (aka Evgeny Rotshtein) v Czech Republic
2014
ADMINISTRATIVE COURT
UK
CORAM
- LORD JUSTICE FULFORD
- MR JUSTICE NICOL
Areas of Law
- Immigration Law
- Extradition Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involves a Russian national accused of endangering an aircraft's safety in 2006. The Czech Republic sought his extradition from the UK based on an EAW. His asylum request in the UK was refused, sparking prolonged legal proceedings. The court ultimately found that extradition wouldn't be unjust or oppressive, didn't violate ECHR Articles 3 and 8, and posed no risk of indirect refoulement. The appellant's extradition to the Czech Republic was upheld.
Judgment
Mr Justice Nicol :
On 24 th April 2014 District Judge Evans ordered that the Appellant should be extradited to the Czech Republic in response to a European Arrest Warrant (‘EAW’) to face a charge arising out of an incident on an aircraft which was carrying the Appellant from Moscow to Geneva but which was diverted to land at Prague airport on 28 th December 2006. He appeals to this court pursuant to Extradition Act 2003 s.26 .
The Appellant is a Russian national. He was a wealthy businessman. In December 2006 he travelled with his wife, children and friends from Moscow to spend a holiday in Switzerland.
The EAW described what happened as follows:
“On 28.12.2006 at about 10.00 CET on flight SU 271 from Moscow to Geneva operated by Airbus A321, the requested person endangered the safety of the said aircraft attempting to gain control over it. First of all he entered in dispute with an unidentified passenger. The stewardess asked him to stop arguing and to go back to his seat. He answered he would break her head and after a repeated request to sit down he answered, ‘I will call my people and you will do what I say’ keeping his right hand in the pocket of his trousers and holding a free shop pack in his left hand. Then the purse[r] followed him to the section behind the cockpit where he requested to speak to the captain and to fly to a destination he would choose. The cabin crew tried to calm him down nevertheless he attacked them requesting access to the cockpit and to redirect the flight to Egypt. Several passengers also tried to calm him while he declared he did not want to live any more and that he would explode the plane threatening with a free-shop bag. Finally he was overpowered by the cabin crew and passengers. Due to his conduct the captain opted for an extraordinary landing at the airport Praha-Ruzyne.”
He is charged with an offence under Article 180a of the Czech Penal Code with endangering the safety of an aircraft by using or threatening violence, an offence which carries between 8 and 15 years imprisonment. In addition, in the EAW the Czech authorities marked the Framework List against the offence of “unlawful seizure of an aircraft”.
On his arrival in Prague, the Appellant was arrested by the Czech authorities. He was charged the following day with an offence under Article 180a.
On 24 th January 2007 a Russian Federal Judge in Moscow issued an arrest warrant for the Appellant. He was originally wanted in connection with an off