High Court of Ireland Decisions
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URL: http://www.bailii.org/ie/cases/IEHC/2014/H138.html
Cite as: [2014] IEHC 138
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Judgment Title: Minister for Justice & Equality -v- O'Donnell Neutral Citation: [2014] IEHC 138 High Court Record Number: 2012 225 EXT Date of Delivery: 11/03/2014 Court: High Court Composition of Court: Judgment by: Edwards J. Status of Judgment: Approved |
Minister for Justice and Equality v. O’Donnell (Unreported, High Court, Edwards J., March 11th, 2014) Extradition — European arrest warrant — Refusal to surrender —Respondent charged with importation of controlled drugs and possession of a prohibited contrary law of the United Kingdom — European Arrest Warrant Act 2003, as amended — objection pursuant to s. 37 of the Act of 2003 — possibility that the respondent would be sentenced to a Travel Restriction Order—constitutional right to personal liberty, Article 40.4.1 — unenumerated constitutional right to travel —Travel Restriction Orders differ materially from indeterminate sentences for public protection — insufficient proximity between surrender and harm apprehended— Respondent failed to demonstrate that his proposed surrender would breach his rights under Article 5 of the ECHR, Article 2 of Protocol 4 to the ECHR or right to free movement of persons under E.U. law. — rights may be abrogated in the public interest— Respondent surrendered |