High Court halts extraditions to Romania due to degrading prison conditions

20.06.17 | |

The Divisional Court (Irwin LJ and Collins J) has handed down judgment in the conjoined appeals of Grecu v Romania and Bagarea v Romania. The Court has suspended the appellants’ extraditions to Romania on the basis that there is a real risk that they would be detained in overcrowded prison conditions, contrary to Article 3 of the European Convention on Human Rights, which safeguards against inhuman and degrading treatment.


The Court accepted the appellants argument that an assurance from the Romanian Justice Ministry that they would be detained in conditions with at least 2m2 of floor space did not comply with the jurisprudence of the European Court of Human Rights, which requires at least 3m2 of floor space throughout the course of incarceration.


The Court has given Romania a period of 4 weeks to consider the judgment before giving a final Order. The Court’s decision can be found here.


Graeme Hall represented Mr Bagarea, led by Jonathan Hall QC, and instructed by Harry Grayson from Shaw Graham Kersh Solicitors.


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