District Judge Grego Romanian extradition decision in husband and wife case: Discharge for her, extradition for him - 25 September 2024

On 25 September 2024, judgment was handed down in a rare husband and wife case, simultaneously ordering a husband’s extradition and the discharge of his wife. The decision to discharge the female requested person, also mother of two vulnerable children awaiting autism assessments (aged 5 and 14), was based firmly on Article 8 ECHR. 

The co-defendants both faced lengthy sentences in Romania (3 and 9 years) following a 2013 incident involving theft and attempted murder. The Judge found both requested person’s were deliberately absent from the Romanian case. He rejected their evidence as being ‘entirely unworthy of belief’, when they had sworn they were ignorant of Romanian lawyers acting on their behalf that were appointed by family members.

The Court relied heavily on evidence from local social services and an expert child psychologist.  Although the requested person was a fugitive from the Romanian conviction, her extradition would be exceptionally severe for the children.  The children were already suffering from their father’s detention and had pre-existing difficulties requiring extra care and support.  It was a ‘certainty’ that if their mother was extradited then both children would be placed in care, with worse life chances as a result.

The successful requested person was represented by Mary Westcott (Doughty Street Chambers) and Renata Pinter (Dalton Holmes Gray)