The Supreme Court dismissed Kenneth Dundon’s appeal against his continued detention under a European Arrest Warrant, ruling that the expiry of the warrant’s 60-day period did not entitle him to immediate release.
In a judgment delivered on December 19, 2005, Mr Justice Fennelly agreed with the reasoning of Mr Justice Geoghegan. He said the European Arrest Warrant Act 2003, read in light of the relevant European Union Framework Decision, did not give Dundon a right to be released because the court had not ordered his surrender to the issuing state within 60 days.
The judgment addressed the interpretation of the Act’s provisions implementing the Framework Decision’s 60-day rule. Justice Fennelly said national law should, as far as possible, be interpreted in light of the Framework Decision’s wording and purpose, but that this could not justify an interpretation contrary to the law enacted by the Oireachtas.
While the court rejected the claimed right to release, Justice Fennelly stressed that this did not remove other protections for people arrested under European Arrest Warrants. He pointed to provisions of the 2003 Act allowing surrender to be refused where it would be incompatible with rights protected by the European Convention on Human Rights or would contravene the Constitution. The Act also refers to relevant recitals in the Framework Decision.
The judgment discussed protections concerning discrimination, due process, freedom of association, press and expression, and risks of the death penalty, torture or other inhuman or degrading treatment. Justice Fennelly said the precise scope of rights that could be relied on under the Act would have to be considered as cases arose.
The appeal concerned the 60-day period only. The court dismissed it; Justice Fennelly’s judgment did not determine whether any other specific rights-based ground for refusing surrender applied to Dundon.