The Appellant’s Witness Statements
18. In juxtaposing the EAW with the Appellant’s two witness statements, which are dated 01 May 2014 and 12 July 2016 respectively, each of which formed part of the evidence before the FtT, we are conscious that the Appellant did not give evidence at first instance and, hence, neither of these statements has been tested. On the other hand, the FtT stated, in substance, that its determination of the appeal did not turn on these statements: see [5] of its decision. 19. In his first statement the Appellant asserts that upon his release from prison on 13 April 2011 he travelled directly to his daughter’s home in Hendaye, South Western France. He did so in order to avoid the effect of the so-called “Parot” doctrine, which exposed him to the risk of reimprisonment for a considerable period. His flight through Spain to France appears to have been accomplished within a period of some 24 hours. He claims that he entered France without having to display any identification document. His Spanish national identity card, though returned to him by the prison authorities, was out of date. He asserts that he obtained multiple false identity documents from an unidentified person in France at a cost of €600, claiming that he is unaware of any ETA involvement in this exercise. He felt unsafe in France on account of the French/Spanish Governments’ collaboration and, following a clandestine existence there, he entered the United Kingdom on an unspecified date. He was able to make contact with LS in London by virtue of information given to him by a fellow prisoner. He claims that LS was previously unknown to him. 20. In his statements the Appellant asserts that he is no longer a member of ETA. He claims to support the permanent ETA ceasefire and expresses regret for his terrorist activities.
- PART 1
- Introduction
- The Statutory Framework
- The Secretary of State’s Decision
- organised crime
- The European Arrest Warrant
- current
- Del Rio Prada v Spain
- Spanish Judicial Authority v Arranz (No 3)
- The Appellant’s Witness Statements
- The Operative Extradition Decision
- itself
- The Principal Grounds of Appeal
- deduced
- The Burden of Proof Issue
- Insofar as the appeal relies upon the 2006 Regulations, the burden is also on the Appellant, the standard being the balance of probabilities
- this
- might
- Other Grounds of Appeal
- (i) Misunderstanding The Evidence
- E v Secretary of State for the Home Department; R v Secretary of State for the Home Department
- E & R
- (ii) Misunderstanding the Second Divisional Court’s Decision
- Paragraph 27
- Paragraph 28
- Paragraph 60
- Kandola
- Spanish Judicial Authority v Arranz
- Vanda Puceviciene
- persecution
- (iv) The Article 6 ECHR Issue
- R (EM Eritrea) v SSHD
- flagrant breach
- R (Ullah) v SSHD
- Conclusion
- PART 2
- The Evidence of Professor Silke
- The Battle Lines Drawn
- in itself
- General
- JS (Sudan)
- The ‘Colectivo’ Issue
- Risk of Reoffending
- The Appellant’s Terrorist Criminality and ETA
- from this perspective,
- Del Rio Prada
- could
- The Reluctant Witness
- Marchon v Immigration Appeal Tribunal
- Nazli
- Ex parte Marchon
- Bouchereau
- Omnibus Conclusion
