The High Court has ordered Zorka Rogić to be surrendered to Croatia to face prosecution over alleged heroin and ammunition offences.
The European Arrest Warrant was issued by the Municipal Court in Rijeka in November 2017. Croatian authorities allege that Rogić sold 4.69 grams of heroin from her flat in Viškovo on 23 September 2014 and possessed a further 42.88 grams there the following day. They also allege that she possessed a 7.65mm bullet without the required authorisation.
Rogić was arrested in Ireland in April 2019. She was initially granted bail but failed to appear for the surrender hearing and remained at large until being arrested again in January 2020. She was later readmitted to bail because of the length of time spent in custody during the disputed proceedings.
Her lawyers raised several objections to surrender. One concerned whether the Croatian offences corresponded to offences under Irish law. Mr Justice Paul Burns found that the alleged heroin conduct corresponded to Irish drugs offences and that the ammunition allegation corresponded to unlawful possession of ammunition under the Firearms Act 1925.
The court also found that Croatia had made a decision to prosecute Rogić and that the warrant, supplemented by additional information, gave sufficient details of the alleged offences.
A further objection concerned prison conditions. Rogić relied on evidence criticising conditions in Croatia and argued that surrender could expose her to inhuman or degrading treatment.
Croatian authorities provided detailed information about likely detention in Rijeka, Zagreb and Požega, including assurances of at least three square metres of personal floor space and information on exercise and prison facilities.
The High Court accepted that information. Applying the mutual trust required between EU member states, it found that Rogić had not established a real risk of treatment contrary to Article 3 of the European Convention on Human Rights or Article 4 of the EU Charter.
All objections were dismissed and the court ordered her surrender to Croatia.