Romanian extradition proceedings ruled a “charade” and “little short of scandalous”

District Judge Clews has discharged EV from an extradition request seeking to enforce a sentence of 3 years and 1 month for offences of assault, forgery and driving without a licence.

Judge Clews noted, in particular, the “inordinate amount of time it has taken” for EV’s case to be processed in England – some 3 ½ years. During this period EV had, in January 2020, been discharged from some of the offences by Judge Goozée (who had described the extradition proceedings as “tortuous” and Romania’s failings as “lamentable”). 28 months of appeal proceedings ensued and “in April 2022 suddenly and unexpectedly the rug of [EV’s] appeal was pulled from under him” when the Romanian authorities withdrew the extradition request. This was because the Romanian authorities had, in November 2020, issued a further extradition request seeking EV’s extradition for the same offences (including those discharged by Judge Goozée), but had failed to disclose this. In discharging under Article 8 ECHR, Judge Clews held:

“That meant the 17 months during which [EV] doggedly pursued his appeal was time that was completely wasted and lost and through no fault of his. That entire period turned out to be little more than a charade as, inevitably, his appeal proceedings were going to come to an abrupt end when it was known there was a new warrant. It is little short of scandalous that this was allowed to happen.”

Judge Clews also excluded a Romanian prison assurance served one week before the substantive extradition hearing describing its late service as a “lamentable failure”. This led to the Article 3 ECHR discharge.

Graeme Hall represented EV. Graeme was instructed by Elena Jacobs of Coomber Rich Solicitors.