The High Court rejected objections to the surrender of Armandas Kacevicius to Lithuania to serve a prison sentence, after considering further information on prison conditions and the risk of violence between inmates. The judgment, delivered by Mr Justice Binchy on 31 October 2019, followed an earlier ruling that had left surrender conditional on Lithuania addressing concerns about two prisons or assuring the court he would not be held there.
The Ministry of Justice of Lithuania chose to address the concerns rather than promise that Kacevicius would not serve his sentence at Alytus or Marijampolė prisons. Its July 2019 letter cited a 14% reduction in the prison population since 2016, new or planned cell accommodation, and provision of food, healthcare and outdoor time.
A further report by the European Committee for the Prevention of Torture (CPT), following inspections in April 2018, nevertheless described serious violence, intimidation and exploitation among prisoners, particularly at Alytus, Marijampolė and Pravieniskes. It also raised concerns about living space, showers, food and prison healthcare. The CPT described the main detention areas at the three prisons as unsafe and called for an action plan. Lithuania submitted measures including increased security, staffing and training; the CPT welcomed the plan, while noting that its impact depended on proper and energetic implementation.
Justice Binchy said that, apart from inter-prisoner violence, prison conditions and management did not give rise to a violation of rights under Article 3 of the European Convention on Human Rights or Article 4 of the European Charter. He said violence between prisoners might raise state responsibility in some circumstances, but that broader legal question had not been argued and did not need to be decided in this case.
The court relied on the Lithuanian Ministry’s assurances and the government’s action plan, along with the CPT’s positive response and steps already taken towards implementation. On that basis, it rejected the general objection concerning prison violence.
Kacevicius also said in affidavits that he had been attacked three times while previously detained in Kaunas, and that members of the Azuolai gang had targeted him because of his former association with a rival gang. He argued that the gang’s presence across Lithuanian prisons meant he could not be protected by placement in a particular prison. The judge found his affidavit lacked the cogency and specificity needed for that argument to succeed, adding that any such concern could be raised with prison authorities after surrender.
The judgment records the court’s rejection of these objections. It does not state in this judgment that surrender was then carried out.