The High Court has ordered Razvan Tache’s surrender to Romania under a European arrest warrant, rejecting his objections concerning prison conditions, a trial held in his absence and the warrant’s description of the sentence.
In a judgment delivered on 11 February 2019, Ms Justice Donnelly said Mr Tache was sought to serve a composite sentence of one year and 81 days. The Romanian sentence, imposed in October 2016, related to sexual intercourse with a girl under 15 and two forestry offences involving the cutting and unlawful removal of 12 trees belonging to the Stejarul Forest Division in the Fârdea area of Romania.
The court found that the described conduct corresponded to offences under Irish law and that the sentence met the statutory minimum gravity requirement. It also held that the warrant and additional information clearly identified the enforceable judgment and relevant dates. The judge said the November 2016 date referred to the issue of the European arrest warrant, while the underlying judgment had been imposed in October and became final later that month.
Mr Tache’s lawyers argued that his trial in Romania had taken place in his absence without the required legal safeguards. The initial warrant information was contradictory, but further information from the issuing authority stated he could seek a retrial within one month of being served with the decision, or appeal within three days. The judge concluded that this right to a retrial meant surrender was not prohibited on that ground.
The court also considered evidence about Romanian prison conditions, including a European Court of Human Rights pilot judgment identifying systemic concerns. Romanian authorities told the court that Mr Tache would initially spend 21 days in Rahova Bucharest Penitentiary, with a minimum cell space of three square metres, before a decision on his longer-term placement. Timisoara Penitentiary was identified as the most likely destination under a semi-open regime, with assurances about living space, hygiene and access to activities.
The judge concluded that the evidence did not establish reasonable grounds to believe Mr Tache faced a real risk of inhuman or degrading treatment in the specified placements. She also rejected his claim that surrender would disproportionately interfere with his private and family life, finding that he had made only a general assertion about family residing in Ireland and had provided no particular circumstances to support the objection.
The court rejected all the points of objection and ordered Mr Tache’s surrender to an authorised representative of Romania. The judgment does not determine whether he later sought a retrial or appeal, or what outcome any such proceedings had.