The High Court has ordered the surrender of Tibor Csiki to Hungary under a European arrest warrant, after dismissing his objections based on prison conditions, medical care and uncertainty about his sentence.
In a judgment delivered on 13 December 2021, Mr Justice Paul Burns said the warrant sought to enforce a three-year-and-six-month prison sentence imposed in September 2017 and upheld on appeal in January 2018. The warrant stated that 974 and a half days remained to be served.
The warrant concerned two offences described as causing bodily harm and trespass. The judge found that the bodily-harm offence fell within the warrant’s specified offence category and that both offences corresponded to offences under Irish law. The respondent did not contest correspondence. The court was satisfied he had appeared in person at both the first-instance proceedings and the appeal.
Csiki argued that surrender was barred under section 37 of the European Arrest Warrant Act, including because of a risk of inhuman or degrading treatment and unmet medical needs. He told the court he had suffered a cardiac arrest, was receiving treatment for thyroid problems and had previously experienced inadequate medical and dental care in Hungarian custody. He also relied on material about prison conditions and a Hungarian lawyer’s opinion concerning access to medical care.
Hungarian authorities gave assurances about detention conditions, including at least three square metres of personal space, daily outdoor exercise and access to medical assessment, nursing and basic care. The court accepted those assurances and found no substantial grounds to believe that Csiki would face a real risk of inhuman or degrading treatment or that his medical needs would not be met. A report before the court described a thyroid nodule and recommended monitoring; the court was told no report confirming thyroid cancer had been obtained, and that Csiki no longer relied on that diagnosis.
The judge also rejected the objection that the sentence information was unclear. He said any credit for time already spent in custody in connection with the offences was a matter for the issuing state after surrender.
The court found surrender was not precluded by the Act and made an order under section 16 for Csiki’s surrender to Hungary. The judgment records no decision on how much custody credit Hungary will grant.