QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|DISTRICT COURT IN KLADNO CZECH REPUBLIC||Respondent|
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Mr M Grandison (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
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"A person's extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that — ...
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race ..."
It is unnecessary to deal with the other grounds that might be relied upon under that Act since they do not arise in the present case.
"Lucie Fremlova gave live evidence before me and I do not doubt the sincerity of her opinions. I asked her if, in present times, a doctor in the A&E department of a hospital would provide inferior medical treatment to a Roma patient than he/she would to a non-Roma patient. Very depressingly she said that is exactly what would happen. There must be the possibility of someone conducting some proper academic research, taking into account all the relevant variables, and thereby providing a proper basis for considering whether generally there is proper support for the evidence of systemic discrimination in the criminal courts. The material provided here is wholly inadequate. Ms Fremlova accepted that she had no direct experience of the CJS [which I take to be the criminal justice system] and the core material she relied upon in order to support her thesis was historical and pre-dates the Czech's Republic's accession to the EU. She accepted that a number of statutory provisions had come into force over the last ten years, all designed to combat racial bias within the CJS, whether that bias was conscious or unconscious, but she thought that judges paid lip service to any such provisions; presumably because she thought prejudice was so entrenched. She was not prepared to accept that there had been any improvements over the last ten years."