The High Court has ordered the surrender of Robert Ostrovskij to Lithuania to face prosecution over an alleged rape in Vilnius.
Lithuanian authorities sought Mr Ostrovskij’s return under a European arrest warrant issued in Vilnius on 17 July 2005. The warrant concerned an alleged offence on 29 May 2005. It was endorsed for execution in Ireland in November, and Mr Ostrovskij was arrested here on 13 December 2005.
He opposed surrender on several grounds. His lawyers argued, among other things, that the European arrest warrant framework went beyond the powers available under the Treaty on European Union. Mr Justice Michael Peart rejected that argument, finding the system fell within EU provisions designed to facilitate judicial cooperation and extradition between member states.
A further objection concerned the warrant being signed by an Acting Prosecutor General rather than the Prosecutor General. The court found no merit in that point, noting that the issuing judicial authority was the Prosecutor General’s Office and that an acting office-holder could exercise the function.
Mr Ostrovskij also argued that delays beyond the 90-day period referred to in the European arrest warrant framework should prevent surrender. The judge held that those time limits were intended to promote administrative discipline between member states and did not create an individual right to release.
The central factual dispute concerned whether Lithuania wanted Mr Ostrovskij for prosecution or merely further questioning. The warrant expressly stated that surrender was sought for a criminal prosecution. Lithuanian material also recorded that prosecutors considered there was sufficient evidence that he had committed the alleged offence and that a domestic arrest warrant had issued after he was declared wanted.
The court found that the statutory presumption that a decision had been made to charge and try him had not been rebutted.
Mr Justice Peart concluded that all statutory requirements for surrender were satisfied and ordered Mr Ostrovskij committed to prison pending arrangements for transfer to Lithuania.