QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE MADDISON
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WIESLAW SZUBRYT | Claimant | |
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DISTRICT COURT IN KIELCE, POLAND | Defendant |
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Ms A Mannion (instructed by the Crown Prosecution Service) appeared on behalf of the Defendant
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"Mrs Szubryt has not expressed any suicidal ideation and has no family history of suicide. My concern is that were she to lose the support of her husband, whilst in a severe depressive state, that her risk of suicide would increase. Potential additional stresses would be the realisation of her worst fear which is the potential separation of her family which may occur temporarily were she to be admitted to hospital."
"There does not appear to be any clear medical evidence that her mental state has deteriorated since September 2008, and her problems of daytime tiredness are likely to be due to her sleep apnoea causing disturbed sleep at night. There is no evidence that Mrs Szubryt is currently suicidal or requires admission to psychiatric hospital."
"What is required is that the court should decide whether the interference with a person's right to respect for his private or (as the case may be) family life which would result from his or her extradition is proportionate to the legitimate aim of honouring extradition treaties with other states. It is clear that great weight should be accorded to the legitimate aim of honouring extradition treaties made with other states. Thus, although it is wrong to apply an exceptionality test, in an extradition case there will have to be striking and unusual facts to lead to the conclusion that it is disproportionate to interfere with an extraditee's article 8 rights."