QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE DINGEMANS
| Guy Jane
|- and -
|Prosecutor General's Office, Lithuania
James Hines QC (instructed by the Crown Prosecution Service) for the Respondent
Hearing date: 27th September 2018
Crown Copyright ©
Mr Justice Dingemans:
The assurance dated 7 August 2018
"The Director General of the Prison Department under the Ministry of Justice of the Republic of Lithuania hereby assures and guarantees that the below stated conditions will be applied to all persons surrendered to the Republic of Lithuania from the United Kingdom on the grounds of the European Arrest Warrant ("EAW") for the purpose of a criminal prosecution or execution of a sentence of imprisonment during their detention.
1. All persons surrendered under an accusation warrant from the United Kingdom will be held in Kaunas Remand Prison, Lukiskes Remand Prison – Closed prison or Siauliai Remand Prison, whereby they will be guaranteed a minimum space allocation of no less than 3 square metres per person in compliance with article 3 of the European Convention on Human Rights.
2. Persons surrendered under a conviction warrant that may spend a maximum of 10 days at one of the remand centres set out in clause 1, will be subject to the same guarantees and will be housed in cells with a minimum space allocation of no less than 3 square metres per person in compliance with article 3 of the European Convention on Human Rights.
3. All persons held in Lukiskes Remand Prison – Closed Prison or Siauliai Remand Prison as per clause 1 and 2 above, will only be held in the refurbished or renovated parts of the prisons and in compliance with article 3 of the European Convention on Human Rights."
Issues about the assurance
Further case law on assurances
Lithuania has not ignored the judgment of the Court
Mr Jane likely to be held in Lukiskes
No real risk of impermissible treatment of Mr Jane in Lukiskes remand prison in the light of the assurance dated 7 August 2018
Lord Justice Hickinbottom :