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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Chudzik, R (on the application of) v Circuit Court of Tarnobrzeg, Poland [2012] EWHC 3034 (Admin) (10 October 2012)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/3034.html
Cite as: [2012] EWHC 3034 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
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| THE QUEEN ON THE APPLICATION OF CHUDZIK | Claimant | |
| v | ||
| CIRCUIT COURT OF TARNOBRZEG, POLAND | Defendant |
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Miss Natasha Draycott (instructed by Crown Prosecution Service) appeared on behalf of the Defendant
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- MR JUSTICE COLLINS: This is an appeal under Section 26 of the Extradition Act 2003 against a decision of a district judge ordering the appellant's return to Poland to serve sentences totalling two years' imprisonment for offences of robbery, burglary and theft, the offences having taken place in January and February 2005.
- The appeal is based on an assertion that return would be contrary to the Human Rights Convention because of the inhumane treatment in Polish prisons and so there would be a breach of Article 3. The first problem that the appellant faces is that that issue was not raised before the district judge. There is therefore no evidence before me which deals with that issue save, I suppose, for the appellant's assertion that he has heard that there have been beatings of individuals and ill treatment in prison. However the issue as to the state of Polish prisons has been considered by this court in a number of cases recently. It has been decided that there is no case which supports now the assertion that it would be contrary to Article 3 to return. I suppose it is possible that there might be special individual circumstances in a given case but certainly there is nothing in this case which supports that proposition.
- There is also a breach of the order made by Mr Justice Ouseley directing the lodging of full grounds within fourteen days. It was made clear that in the absence of such proper grounds the appeal would be dealt with on the material that existed or might be struck out. There is no sufficient material in any event. Even if there were material, it would not prevail.
- In those circumstances this appeal is dismissed.
- THE INTERPRETER: There is one matter ongoing where he is trying to get an answer. He is seeking asylum and he has some documents.
- MR JUSTICE COLLINS: He is trying that one now, is he? That is a matter for the Home Office, not for me. This is the latest ploy in these. It will not get him anywhere but it has to be dealt with by the Home Office if the proper application is made. It will not work.