The High Court has ordered the surrender of Ričardas Valeška to Lithuania under a European arrest warrant, after dismissing his objection based on prison conditions and access to medical treatment. The court postponed surrender for a short period to allow him to complete a course of treatment he was undergoing in Ireland.
Mr Justice Paul Burns delivered the judgment on 16 December 2020. The Lithuanian warrant, issued on 16 April 2018, sought Valeška’s surrender for prosecution for one burglary-type offence. The High Court endorsed the warrant on 2 March 2020, and Valeška was arrested and brought before the court on 24 September 2020.
At the hearing, his counsel pursued one ground of objection: that surrender was barred by section 37 of the European Arrest Warrant Act 2003 because there was a real risk of treatment contrary to Article 3 of the European Convention on Human Rights. The objection relied on Valeška’s medical conditions and the possibility that treatment might not be available in Lithuanian prisons.
Evidence submitted for Valeška included an affidavit from his solicitor, a hospital discharge summary from St James’s Hospital dated 28 August 2020, and correspondence from the Simon Community. The solicitor’s affidavit said Valeška was living in temporary accommodation provided by the Simon Community and listed medical conditions. Counsel also submitted that his treatment was expensive and unlikely to be available in Lithuania. A 2019 report by the European Committee for the Prevention of Torture, concerning a visit to Lithuania in April 2018, and the Lithuanian government’s response were put before the court.
The court sought an assurance from Lithuania about medical care in detention. The issuing state said Valeška could receive treatment for the health disorders identified, that his health would be assessed after transfer, and that specialists would prescribe treatment. It said identical treatment to that received in Ireland could not be guaranteed, but similar treatment would be provided to the greatest possible extent, taking account of specialists’ recommendations.
Justice Burns concluded that Valeška had not established through cogent evidence a real risk that the Lithuanian prison system would be unable to treat his conditions. He dismissed the objection and found surrender was not precluded under Part 3 of the 2003 Act. The court ordered surrender under section 16(1), but postponed it under section 18(1)(a) until the current course of treatment could be completed. The judgment does not specify a date for surrender.