The European Arrest Warrant
10. By reason of certain aspects of the permitted grounds of appeal, it is necessary to outline some features of the evidential framework. Two of the key components of this framework are the European Arrest Warrant (the “EAW”) and the Appellant’s two witness statements. The background to this evidence is that on 13 April 2011, having served 24 years’ imprisonment with six years’ remission for good behaviour, the Appellant was released from prison. The only evidence of what occurred during the immediately ensuing phase is what is contained in the Appellant’s witness statements. 11. There is no dispute that the Appellant travelled through Spain and entered France. There he remained for an unspecified period. He admits to having procured false identity documents at this stage. Next, equipped with these documents, he travelled to England. Following arrival he resided in London, sharing accommodation with a fellow countryman, whom we shall describe as “LS”, until his arrest on 29 June 2012. 12. The ensuing extradition proceedings in this jurisdiction have become complex and protracted, involving the transmission by the Spanish authorities of a series of EAWs, each replacing its immediate predecessor and three decisions of the Divisional Court: see [2016] EWHC 3029 (Admin) at [3] – [7]. We shall refer only to the
- 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
