QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|REPUBLIC OF LITHUANIA||Respondent|
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Mr Nicholas Hearn (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
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"General prison conditions for remand prisoners repeatedly inspected by the CPT and seen again by myself in 2010 are grossly overcrowded despite a refurbishment programme and reductions in some establishments of overall prisoner numbers, which is to say that many remand prisoners are being held in cells providing approximately 2 square metres of cell space per person, well below the standard deemed acceptable by the CPT. They are required to meet the needs of nature without privacy in their cells and they are confined to their cells for 23 hours a day. No prisoner programmes or work is provided, and they are required to exercise in small cages not large enough for them to exert themselves physically. The conditions remain inhuman and degrading according to the standards of the CPT and as endorsed by the European Court of Human Rights. According to the 2009 Lithuanian Ombudsman's report, Siauliai prison [the prison where it is suggested that this appellant would be likely to be held if extradited] was in 2008-2009 the most overcrowded of three principal remand establishments in Lithuania. I conclude, therefore, that were the appellant extradited and held in general remand prisoner accommodation, there would be a high risk of his being held in inhuman and degrading conditions in breach of Article 3."
"In my view, the judge was correct that the appellant would not be at risk of suffering mistreatment sufficient to engage Article 3 of the Convention. As I have explained the test to be applied to submissions pursuant to Article 3 of the Convention is high. There is no doubt that Professor Morgan's reports are deeply troubling. His expertise is unrivalled and his standing world class. Professor Morgan states that, in his view, the conditions at Lukiskes prison could be described as "inhuman and degrading". However, the conditions he describes do not compare with the conditions as found by the European Court to have existed in the case of Kalashnikov. In his evidence Professor Morgan accepted that he was not applying or using the words "inhuman and degrading" in the legal sense of the terms. So his assertion that the prison conditions were inhuman and degrading did not mean that the appellant's extradition to Lithuania would inevitably involve a breach of his Article 3 rights. There is no evidence about how long the appellant will be on remand and detained in the conditions Professor Morgan describes at Lukiskes remand prison. It is simply assumed that bail will not be available. The Lithuanian authorities have confirmed in their 22 June 2010 letter that they are aware of their obligations pursuant to the Convention. Given the assumptions we are obliged to make I cannot see that we can find that the Lithuanian authorities will not take steps to ensure that the appellant's Convention rights are protected, both on remand or after conviction, should that follow. Based on the extensive jurisprudence on Article 3 and evidence before the court about prison conditions in Lithuania, my view is that the judge was correct that the appellant would not be at risk of suffering mistreatment sufficient to engage the article."
"It is the opinion of the CPT's medical experts that medical facilities and services have somewhat improved during the last decade, but remain in several respects deficient. The medical services appear to be operating in a broadly satisfactory manner in difficult material circumstances. I conclude however that the Lithuanian medical authorities would likely recognise the mental health and personal self-injury risk that the appellant purportedly presents and suitably deal with the fact that he has hepatitis C with all its attendant problems. It seems reasonable to conclude that he would likely be appropriately and adequately treated by the medical services for these conditions."
"This ignores a very distinct likelihood of the appellant being on the hospital wing in any event, about which I have no current information from any CPT report or at all."