The High Court has refused to surrender Mircea-Ionel Gheorghe to Romania after finding a real risk that he could face prison conditions amounting to inhuman or degrading treatment.
Romania sought Gheorghe to serve a combined sentence of three years and three months for theft and aggravated robbery, with just under three years and three months remaining after credit for one day in detention.
The theft involved a Samsung Galaxy Note 3 taken from the Flanco store in Promenada Mall, Bucharest, in November 2013. The robbery arose from an incident in Bucharest in May 2014 in which goods were stolen from a shop and violence was used against the seller, who was also deprived of a mobile phone.
Gheorghe had been convicted in his absence. The High Court rejected his argument that this prevented surrender because the warrant stated that he would be entitled to seek a retrial or appeal after his return to Romania.
The court also dismissed his family-life objection. Mr Justice Binchy found no evidence that the impact of surrender on Gheorghe's partner and daughter went beyond the disruption normally associated with extradition.
The decisive issue was prison conditions. Romanian authorities said Gheorghe would initially be held in Bucharest-Rahova Prison with at least 3 square metres of personal space. After review, however, he could be transferred to a semi-open regime in Bucharest-Jilava Prison where only 2 square metres was guaranteed.
The judge considered European human-rights rulings concerning overcrowding, sanitation, potable water, food, bedding, temperature and toilet privacy in Rahova and Jilava. Romanian authorities were asked for specific information about remedial measures but did not identify measures addressing those findings.
The court held that the prospect of prolonged detention with 2 square metres of personal space, combined with those unresolved conditions, created substantial grounds for believing Gheorghe faced a real Article 3 risk.
Surrender was therefore prohibited under section 37 of the European Arrest Warrant Act 2003.