Drug suspect can be surrendered to Poland
Supreme Court order 29 April 2022, HR-2022-863-A, (case no. 21-154386STR-HRET), criminal case, appeal against order.
A (Counsel Nils Christian Nordhus) v. The Public Prosecution Authority (Counsel Petter Sødal)
Polish authorities have issued an arrest warrant for a Norwegian national suspected of importing a significant amount of drugs from Poland. The Supreme Court has concluded that the man can be surrendered for prosecution in Poland.
The Supreme Court's ruling states that the Polish judicial system is deeply flawed, particularly because the courts are no longer independent of the legislative and executive powers. This creates a general risk that suspects' fundamental right to a fair trial will be violated. However, this is not sufficient to refuse a request for surrender. There must also be a real risk that the rights of the suspect in question will be violated. Considering the current situation in Poland, the threshold for refusing surrender is low.
In this individual case, there was insufficient evidence that the man's rights would be violated if he was surrendered. It was not enough that the drug case was substantial and that his case had been discussed in Polish media.
The ruling clarifies the conditions on which suspects can be surrendered to Poland for prosecution or imprisonment.
Key paragraphs: 32–36, 56–57, 72–73
Areas of law: Criminal law. Section 8 subsection 2 of the Arrest Warrant Act, Article 6 of the ECHR.
Justices: Øie, Falkanger, Kallerud, Falch, Thyness