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Case law

Irish High Court, Minister for Justice and Equality v W.B., [2015] IEHC 805

December 2015 - Ireland

mutual recognition, Pre-trial detention
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Sweden issued a European Arrest Warrant requesting the surrender of an Irish person to be prosecuted on charges of rape. The requested person challenged the EAW on grounds that he was facing a risk of violations of his fundamental rights, given that under Swedish law there is effectively a presumption in favour of pre-trial detention. He also argued that if surrendered, the requested person would be placed in pre-trial detention immediately upon his return, despite the lack of evidence supporting the risk of flight or the likelihood to interfere with witnesses.
In the High Court, the objections of the rquested person were rejected and surrender was ordered. However, before executing, the High Court held that given the importance of its decision, it was in the public interest to lodge an appeal to the Court of Appeal.
The Court of Appeal found that the mere that Swedish law gives different weight to the aspects thereby considered and it is perhaps even radically different to Irish law, does not automatically mean that their system is fundamentally defective and that a refusal to surrender is required to protect the rights of the requested person. It also found that that in Sweden there is no presumption of necessity for detention but a weighty requirement to produce very cogent and compelling evidence in order to persuade a Court that detention is unnecessary.

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