The High Court has ordered the surrender of Edijs Krimelis to Latvia under a European Arrest Warrant, so he can serve the remainder of a two-year prison sentence. In a judgment delivered on 5 May 2022, Ms Justice Caroline Biggs dismissed his objections and made the order under section 16 of the European Arrest Warrant Act 2003.
The warrant sought enforcement of a sentence imposed in February 2014 and suspended for two years. Latvian authorities said the suspension was revoked in May 2015 after Mr Krimelis failed to comply with probation conditions. He was not present at that revocation hearing. The High Court found that revocation activated the original sentence without changing its nature or length, so the hearing was not a “trial resulting in the decision” for the purposes of section 45. The court dismissed that objection. A separate concern about the sentence’s remaining balance was not pursued after further information was received.
Mr Krimelis argued that surrender could expose him to inhuman or degrading treatment because of prison conditions and his epilepsy and other medical needs. Reports before the court described problems in Latvian prisons, including medical staffing and medication shortages, poor conditions in some facilities and inter-prisoner violence. Latvian authorities said he could initially be held in Riga Central Prison and might later be placed in one of several prisons. They provided information about cell space and prison healthcare, including an initial medical examination within three days and access to necessary medication under Latvian regulations. They did not guarantee that he would receive the exact medicines prescribed in Ireland.
The judge found no substantial grounds to believe Mr Krimelis faced a real risk of inhuman or degrading treatment in the likely places of detention. The court considered the assurances, the country reports and the medical material, and concluded that adequate medical care and appropriate medication would be available. It also dismissed his objection based on detention conditions.
On family life and delay, the court considered his evidence that his sons in Ireland help with bills, appointments and care when he is unwell. It also considered his medical circumstances and his claim that he feared reprisals in Latvia. Latvian authorities said they learned of his possible whereabouts in Ireland in November 2020 and took steps towards seeking a warrant; the court found no significant or egregious delay. It held that the family and medical evidence did not meet the high threshold needed to make surrender incompatible with the State’s obligations. The court therefore ordered his surrender to Latvia.