High Court Allows Appeal Against Extradition to Poland

Sonn Macmillan Walker acted for our client, EH, whose extradition was sought by Poland on an accusation warrant to stand trial for three offences related to fraud and participation in a criminal organisation. The offences were alleged to have occurred between 2007 and 2011.

The case raised significant issues concerning mental health and the safeguarding of vulnerable individuals within the extradition process. EH, who has a long-standing diagnosis of depressive disorder, had previously been detained in Poland and reported serious mistreatment. He subsequently made multiple suicide attempts, both in the community and while in custody in the UK.

Following a further suicide attempt during the extradition proceedings, the District Judge remanded EH to prison for his own protection. We later successfully secured bail in the High Court, relying on extensive psychiatric evidence and detailed submissions concerning EH’s treatment in HMP Wandsworth, including a suicide attempt that took place despite ACCT monitoring. We also relied on the most recent Independent Monitoring Board (IMB) report into HMP Wandsworth, which highlighted ongoing failures in suicide prevention and mental health care.

Notably, the High Court took the unusual and important step of allowing two of our medical experts who provided reports in this case to give live evidence at the appeal hearing, underscoring the seriousness and complexity of the mental health issues at the heart of the case. The High Court accepted that EH’s risk of suicide arose not from voluntary choice, but from a mental condition that removed his capacity to resist suicidal impulses. The Court held that extradition in such circumstances would be both oppressive and unjust, as well as, a breach of EH’s Article 8 rights. Furthermore, the Court found that the Polish judicial authorities had failed to provide adequate assurances regarding that psychiatric care that would be available in custody.

This judgment confirms the importance of safeguarding fundamental rights in extradition proceedings, particularly where serious mental health risks are present, and the receiving state cannot demonstrate appropriate protective measures.

Katy Smart and Ahlam Omar represented our client, EH. Jonathan Swain of 9BR chambers was instructed counsel.

View the full judgment here.