The High Court has ordered the surrender of František Rajz to Slovakia to serve a one-year prison sentence, rejecting objections based on both his absence from the original proceedings and his family circumstances in Cork.
The European arrest warrant was issued by Prešov District Court in April 2021. It sought enforcement of a one-year sentence imposed on Rajz on 4 August 2010, all of which remained to be served. The High Court found that the underlying conduct corresponded to theft, or attempted theft, under Irish law.
Rajz told the court that he left Slovakia in March 2010, lived in the United Kingdom until late 2019 and then moved to Ireland. He said he lived in Cork with his long-term partner and two children, aged about eight and seven, and that his partner suffered from heart problems and anxiety.
He also objected to surrender because he had not attended the Slovak proceedings which led to the sentence.
The Slovak judicial authority provided further information confirming that, after surrender, Rajz could seek a complete retrial. It stated that if he applied within six months of learning of the conviction, the previous decisions would be cancelled and proceedings would restart on the original indictment.
Mr Justice Burns held that this satisfied the safeguards required by section 45 of the European Arrest Warrant Act 2003. He was satisfied Rajz’s defence rights would be respected.
The judge also rejected the Article 8 family-life objection. He held that disruption to personal and family life is inherent in extradition and surrender proceedings and that only truly exceptional circumstances can justify refusal on that basis. Rajz’s circumstances, including the time elapsed and his family situation in Cork, did not meet that threshold.
The court therefore ordered his surrender to the Slovak Republic.