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Poland / Appellate Court / II AKz 160/17

Case of O.T.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Appellate Court in Kraków
Decision date:

Key facts of the case:

The applicant O.T. was found guilty of a crime of robbery and sentenced by the court in the United Kingdom. The Regional Court in Poland found it admissible to execute a part of O.T’s sentence in Poland. O.T. appealed against this decision and stated that transferring him back to Poland would violate his right to privacy and family life. Prior to the commission of the crime, O.T. lived in the United Kingdom and had a son there. O.T. did not agree to being transferred either.

O.T. appealed against this decision to the Appellate Court.

Outcome of the case:

The Court dismissed O.T’s appeal and upheld the decision of the Court of the first instance. The Court did not find a violation of the right to private and family life in this particular case. Also, the Court stated that the applicant did not prove whether he actually has a family in the United Kingdom. The Court analyses Article 19 point 2 of the Charter in relation to Article 8 of the European Convention of Human Rights. The court stated that these two articles are similar in the aspect in which they prohibit the expulsion of a foreigner to the country in which they may face the risk of death penalty, torture or any other inhuman or degrading treatment. The court pointed that the European Court of Human Rights’ jurisprudence has evolved in the field of recognizing the provision of the Convention in cases related to trans-boarder criminal proceedings. The Court, however, pointed that so far the ECtHR has not issued a decision in which Article 8 would be used in the case concerning criminal trans-boarder decisions.