Jaskula v Judicial Authority in Poland

Extradition – Extradition order. The appellant was pregnant, a drug addict and HIV positive. She appealed against the district judge's order for her extradition to Poland to serve a sentence of 14 months' imprisonment for three offences of theft. The Administrative Court, in allowing the appeal, held that a number of factors, coupled with the pregnancy of which the judge had been unaware, meant that the case fell into the category where the interference with rights under art 8 of the European Convention on Human Rights was exceptionally serious so as to justify the refusal to extradite, as it would be disproportionate in the present case.

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