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Portugal / Supreme Court / 538/14.2YRLSB.S2

Appeal lodged by a Ukrainian citizen against a judicial decision

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court of Justice
Type:
Decision
Decision date:
03/02/2016

Key facts of the case:

In this case, a Ukrainian citizen appealed against a judicial decision determining his extradiction to Ukraine. Ukraine requested his extradition on the grounds of him having committed the crime of grievous bodily harm which resulted in the person’s death. In its request, the Ukrainian Republic expressly provided an assurance that under international law, the extradited person would benefit from all the instruments guaranteeing his defence, including the right to legal counsel; furthermore the extradited person would not be subject to torture or to inhuman or degrading treatment. Moreover, Ukraine also guaranteed that its request for extradition was not based on political, ethnic, religious or political grounds.

Outcome of the case:

The appeal was dismissed. The Supreme Court pointed out that although human dignity was not incompatible with the extradition of persons from one State to another, such incompatibility would only occur if fundamental rights were breached owing to the extradition. The Court stated that Portugal was bound by Article 19 (2) of the EU Charter of Fundamental Rights and emphasised the fact that the Ukrainian Republic had pledged to give the appellant fair and equitable proceedings and would in no way subject him to ill-treatment. The Supreme Court stressed that Ukraine is party to the European Extradition Convention and noted that the crime committed by the applicant was a common-law crime unconnected with the armed conflict.