Min for Justice v Zigelis

• Jurisdiction: Ireland
• Judge: Mr. Justice Edwards
• Judgment Date: 17 January 2012
• Neutral Citation: [2012] IEHC 12
• Court: High Court
• Date: 17 January 2012

[2012] IEHC 12

THE HIGH COURT

Record No No 217 EXT/2008

Min for Justice v Zigelis

APPROVED

Mr. Justice Edwards

JUDGMENT

IN THE MATTER OF THE EUROPEAN ARREST WARRANT ACT, 2003 AS AMENDED

BETWEEN/

THE MINISTER FOR JUSTICE AND EQUALITY

Applicant

-AND-

MARTYNAS Zigelis

Respondent

EUROPEAN ARREST WARRANT ACT 2003 S13

EUROPEAN ARREST WARRANT ACT 2003 S16

EUROPEAN ARREST WARRANT ACT 2003 S15

EUROPEAN ARREST WARRANT ACT 2003 S18(3)

EUROPEAN UNION COUNCIL FRAMEWORK DECISION 13.6.2002 (EUROPEAN ARREST WARRANT ACT 2003) ART 26

MIN FOR JUSTICE v WALL UNREP EDWARDS 17.8.2011 (EX TEMPORE)

MIN FOR JUSTICE v RETTINGER UNREP PEART 7.5.2010 2010/35/8964 2010 IEHC 206

MIN FOR JUSTICE v HOOPER UNREP PEART 17.11.2010 2010/35/8723 2010 IEHC 470

EUROPEAN UNION COUNCIL FRAMEWORK DECISION 13.6.2002 (EUROPEAN ARREST WARRANT ACT 2003) ART 26(1)

EUROPEAN UNION COUNCIL FRAMEWORK DECISION 13.6.2002 (EUROPEAN ARREST WARRANT ACT 2003) ART 26(2)

EUROPEAN UNION COUNCIL FRAMEWORK DECISION 13.6.2002 (EUROPEAN ARREST WARRANT ACT 2003) ART 30

EXTRADITION LAW

European arrest warrant

Surrender for serving of sentence - Consent to surrender - Postponing of surrender to allow serving of domestic sentence - Credit for period of detention arising from execution of warrant - Second arrest warrant - View of issuing judicial authority that time spent in Irish prison did not arise from execution of warrant - Matter for issuing member state to interpret and give effect to article relating to periods of credit - Absolute entitlement of issuing State to insist on surrender order being carried into effect - Council Framework Decision on the European Arrest Warrant and the Surrender Procedures between Member States (2002/584/JHA), art 26 - European Arrest Warrant Act 2003 (No 45) - Approval of surrender date to await conclusion of proceedings regarding second warrant (2008/217EXT - Edwards J - 17/1/2012) [2012] IEHC 12

Minister for Justice and Equality v Zigelis

1 JUDGMENT of Mr. Justice Edwards delivered on the 17th day of January 2012

Introduction

2 The respondent is the subject of a European arrest warrant issued by the Republic of Lithuania on the 18th of August, 2008 on foot of which he is wanted to serve a sentence of four months imprisonment imposed upon him by a Court in Lithuania on the 2 ^nd of December 2005 for the theft of a mobile phone. The warrant was subsequently endorsed for execution by the High Court in this jurisdiction and on the 14 ^th of December 2010 the respondent was arrested by Garda David Hanrahan at Naas, Co Kildare and was brought before the High Court in the normal way pursuant to s. 13 of the European Arrest Warrant Act, 2003, as amended (hereinafter referred to as "the Act of 2003"). The Court fixed a date for the purposes of s. 16 of the Act of 2003 and remanded him on bail to that date. Thereafter he was further remanded from time to time on continuing bail until he came before the Court on the 16 ^th of February, 2011.

3 On the 16 ^th of February, 2011 the respondent consented to his surrender to the issuing state. On that basis this Court (Irvine J) made an Order pursuant to s. 15 of the Act of 2003 directing him to be surrendered to such person as is duly authorised by the issuing state to receive him, and as is usual, he was then remanded in custody pending the making of arrangements for his transfer. Immediately following the making of this Order the applicant applied to this honourable Court for a further Order pursuant to s. 18(3) of the Act of 2003 to postpone the surrender of the respondent until such time as the respondent had completed serving a sentence imposed upon him by a Court in this jurisdiction which he was then serving. The domestic sentence in question was a nine month sentence that commenced on the 23 ^rd of January, 2011. The Court duly made an Order pursuant to s. 18(3) aforesaid postponing the respondent's surrender until the date on which he was no longer required to serve any part of that term of imprisonment. He was released from prison on the 17 ^th of August, 2011.

4 On the 17 ^th of August, 2011 counsel for the applicant appeared before the Honourable Ms Justice Dunne, at a vacation sitting of the High Court, and indicated to the Court that the Lithuanian authorities were seeking the court's agreement to a new proposed surrender date, namely the 19 ^th of August, 2011. Counsel informed the Court that it was, however, the view of the applicant that Article 26 of the Framework Decision (Council Framework Decision of 13 ^th June, 2002 on the European Arrest Warrant and the Surrender Procedures between Member States (2002/584/JHA)) obliges the issuing state to give credit to the respondent for all periods of detention arising from the execution of the European arrest warrant. As the respondent had spent more time in custody awaiting surrender than he would be required to serve in Lithuania the applicant was of the view that the Lithuanian sentence was in effect spent.

5 In support of this view, Ms Justice Dunne was informed by counsel for the applicant on the 17 ^th of August, 2011 that earlier last year, in an ex-tempore ruling in a case of Minister for Justice Equality and Law Reform v Wall, I declined to immediately approve of a suggested new date for the surrender of a respondent in broadly similar circumstances and required the Central Authority in that case to ascertain the up to date attitude of the issuing judicial authority. Moreover, when that was done the issuing judicial authority had agreed to withdraw the European arrest warrant in the particular circumstances of the case.

6 Ms Justice Dunne was further informed...