High court dismisses appeal against extradition to Poland

Introduction

The High Court has dismissed the appeal of Piotr Marzec against an extradition order to Poland, where he is required to serve the remainder of a sentence for multiple offences. The case was heard by Mr Justice Linden, who upheld the decision made by the Westminster Magistrates' Court.

Background

Piotr Marzec was subject to an arrest warrant issued by Poland for a total sentence of 2 years, 8 months, and 15 days for seven offences committed between 2009 and 2011. The warrant was certified by the National Crime Agency, and Marzec was arrested in the UK in October 2023.

Grounds of Appeal

Marzec's appeal was based on two grounds. The first argued that his right to a fair trial under section 20 of the Extradition Act 2003 was not satisfied for three offences. The second contended that extradition for the remaining offences would be disproportionate under Article 8 of the European Convention on Human Rights.

Legal Analysis

Mr Justice Linden examined whether Marzec had deliberately absented himself from his trial in Poland. The court found that Marzec had waived his rights by leaving Poland and not providing an address for notifications, knowing that the proceedings would continue in his absence.

Decision on Fair Trial Rights

The court concluded that Marzec had unequivocally waived his right to be present at his trial, satisfying section 20 of the Extradition Act. This decision was based on findings that Marzec was aware of the ongoing proceedings and chose not to engage with them.

Proportionality and Human Rights

On the second ground, the court held that extraditing Marzec for the remaining offences was not disproportionate. The court noted that Marzec still had a significant portion of his sentence to serve, and his extradition would not breach his rights under Article 8.

Conclusion

The High Court's decision to dismiss the appeal underscores the importance of compliance with extradition procedures and the consequences of evading justice. Marzec will now be extradited to Poland to serve his sentence.

Learn More

For more information on extradition laws and procedures, see BeCivil's guide to English Data Protection Law.