Miraszewski & Ors v District Court In Torun & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- LORD JUSTICE PITCHFORD
- MR JUSTICE COLLINS
Areas of Law
- Extradition Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The appeals of Janusz Miraszewski, Lukasz Kanigowski, and Marcin Fluśniak against their extradition to Poland were dismissed. The court held that the extradition was compatible with their Convention rights under Article 8 of the ECHR and was proportionate. Key legal principles included the application of the proportionality test under section 21A of the Extradition Act 2003, considering seriousness of conduct, likely penalty, and less coercive measures.
These are appeals by Janusz Miraszewski, Lukasz Kanigowski and Marcin Fluśniak under section 26 of the Extradition Act 2003 against orders made in the Westminster Magistrates’ Court for their extradition to Poland. Section 21A of the Extradition Act 2003 inserted by section 157(2) of the Anti-Social Behaviour, Crime and Policing Act 2014 applies to an extradition decision made on or after 21 July 2014. These appeals have been listed together at the direction of Master Gidden because they raise for the first time in this court common issues as to the compatibility of extradition with Convention rights and the proportionality of extradition that arise under section 21A(1)(a) and (b) of the Act. While the submissions made on the appellants’ behalf largely concerned the correct application of section 21A(1)(b) [the new freestanding proportionality test], the appellants also contend that their extradition is incompatible with their Convention rights under Article 8 ECHR. I shall describe the legislative history of section 21A later in this judgment commencing at paragraph 17. I have been much assisted by the researches and submissions of counsel on both sides.
The judges’ findings
Janusz Miraszewski
2. Janusz Miraszewski was born on 7 October 1963 in Chelmno, Poland and is now aged 51 years. He is alleged to have committed burglaries in Poland contrary to article 279, paragraph 1 and article 64, paragraph 2 of the Penal Code. The allegation is that on the night of 7 – 8 December 2004, shortly after being released from a sentence of 3 years and 9 months imprisonment, with another he broke into five sheds situated on allotments in Chelmno and stole a quantity of property: a guitar, camp bed, lawnmower, cabbage shredding machine, radio, two aluminium freezers, two knives, electric samovar, sink and battery. The appellant was interviewed on 9 and 15 December 2004. He stated in evidence before District Judge Michael Snow that he had admitted his guilt to the police during interview. He was instructed to notify the police of any change in residence for longer than seven days. The appellant left Poland in March 2005 in breach of his obligations under Article 75. On 1 April 2005 an order was made for the appellant’s preliminary detention in Poland but no European Arrest Warrant (“EAW”) was then sought because there was an error in the order. The error was not corrected until 31 August 2012. A fresh order for preliminary detention was made on 13 September 2012. Th