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The Portuguese arrest warrant
The Portuguese arrest warrant
On 14 February 2024, the Regional Department of Investigations in Porto, Portugal, issued the Warrant.
The Warrant relates to allegations of money laundering (punishable by up to 12 years in prison), tax fraud (up to 8 years) and illegal access (up to 5 years). It is based on the Claimant’s administering of RaidForums over the period between 2016 and his arrest at the end of January 2022, and it sets out essentially the same activity as is set out in the Request, albeit in less detail. The illegal access charge is essentially an allegation of computer hacking and data theft. However, in relation to the allegation of money laundering, the Warrant states that credits amounting to a total of €650,682 derived from RaidForums were received in a Portuguese Banco Santander account in the Claimant’s name; and, in relation to tax fraud, it notes that the Claimant “has never been fiscally registered for engaging in any business activities and has not submitted any income tax declarations”.
On 27 February 2024, the Warrant was certified by the National Crime Agency pursuant to section 2(7) of the 2003 Act.
- Heading
- Mr Justice Linden
- The issues for determination
- Summary of my decision
- Outline of the key features of the statutory framework for present purposes
- The facts
- The request for the extradition of the Claimant by the USA
- The decision of the Westminster Magistrates’ Court in relation to the USA’s request for the extradition of the Claimant
- The referral of the Claimant under the National Referral Mechanism
- The Claimant’s appeal against the order for his extradition pursuant to the Request
- The Portuguese arrest warrant
- The order for the extradition of the Claimant pursuant to the Warrant and the Claimant’s second claim for judicial review
- The evidence about the SSHD’s decision on 14 March 2024
- Annex A to the Submission
- The discovery of errors as to Annex B to the Submission and other information which was before the SSHD at the time of the Decision
- The contents of Annex B, so far as is material
- The SSHD’s Order
- Attempts on behalf of the Claimant to make representations
- Ground 1: breach of the duty to act fairly?
- The Claimant’s argument
- The submissions on behalf of Portugal
- The argument on behalf of the SSHD
- The USA’s submissions
- Discussion
- Conclusion on Ground 1
- Ground 2: mistake of fact?
- The arguments of the parties
- Discussion of Ground 2
- Ground 3: failure to take into account relevant considerations
- The arguments of the parties
- Discussion
- Ground 4: breach of section 6 of the Human Rights Act 1998
- The Claimant’s argument
- Discussion and conclusion
- Ground 5: breach of Article 4 ECHR and the ECAT
- Discussion
- Section 31 (2A) of the Senior Courts Act 1981
- The Additional Point
- Discussion
- Conclusions