Revocation of preventive measures and refusal of extradition to Ukraine for Law Firm clients
This month, the Law Firm's Client left the Warsaw-Służewiec Detention Centre as a result of a complaint filed by his defence counsel against the Court's decision to apply preventive measures in the form of temporary arrest. The application of the most severe preventive measure in the present cases turned out to be unnecessary, the temporary arrest was revoked and the Client was immediately released.
The Client stayed in detention for more than a month, and it was only the submission of a complaint by the defence counsel and a meticulous analysis of the case by the Regional Court in Warsaw that led to the repeal of the preventive measure of temporary detention. Pre-trial proceedings will still be ongoing.
In another case of the Law Firm, the Court of Appeal in Warsaw, as a result of a motion filed by the defence counsel of the prosecuted person, stated the legal inadmissibility of the extradtiion of the Ukrainian citizen to the Ukrainian authorities. The Regional Court in Warsaw stated that the prerequisites for the surrender of the 19-year-old Ukrainian citizen at the request of Ukraine had been fulfilled, and the Court of Appeal, after considering the complaint filed by the defence counsel of the prosecuted person, recognised the deficiencies of the appealed decision and de facto allowed the prosecuted person to continue his stay in Poland. As an aside, it should only be noted that the Court of Appeal indicated that in the present case: ‘before P. W. was tried and found guilty, and even before charges were brought against him, this formulation - in view of its categorical nature and clarity indeed raises concerns that in this particular case, after the surrender of the fugitive to the Ukrainian authorities, there may be a violation of his freedom and rights in the form of the fundamental human right set out in Art. 6(1) of the ECHR in conjunction with Article 6(2) of the ECHR, which leads to the conclusion that the negative condition for extradition referred to in Article 604 § 1(7) of the Code of Criminal Procedure also applies as an obstacle to the surrender of the defendant in this particular case, due to its individual circumstances.
In essence, the Ukrainian court stated that ‘the guilt of the prosecuted n. in the commission of the alleged crime was “fully confirmed”’ before an indictment was filed, let alone before a conviction was handed down.
If you need help with an extradition case or your loved one has been subjected to pre-trial detention, please contact me at 722 751 747 or by email at kancelaria@ad-adwokat.pl.