Dawid Filip Huzniak vs Polish Judicial Authority

This case involved an appeal against an extradition order for Dawid Filip Huzniak, who was wanted in Poland for serious criminal allegations.

TLDR:

• Dawid Filip Huzniak appealed against his extradition to Poland.
• The appeal was based on Article 8 ECHR grounds.
• The High Court dismissed the appeal, emphasizing the seriousness of the charges and public interest in extradition.

The appellant, Dawid Filip Huzniak, aged 33, was wanted for extradition to Poland based on an accusation Extradition Arrest Warrant issued in September 2020 and certified in September 2021. He was arrested in September 2022 and had been on remand for 21 months. The Westminster Magistrates Court ordered his extradition on January 17, 2023, after an oral hearing where Huzniak declined to provide a written statement or give evidence.

Huzniak filed an Article 8 ECHR appeal to the High Court, claiming a four-year relationship with a partner in the UK and financial support for a 17-year-old son in Poland. However, he provided no evidence to support these claims. Permission to appeal was refused on the papers on October 13, 2023.

The High Court, presided over by Fordham J, noted that Huzniak had been informed of the hearing and the possibility of it proceeding in his absence. Despite arrangements for him to attend via video link with an interpreter, Huzniak declined to leave his cell and attend the hearing.

The court emphasized that the alleged offences were serious. Huzniak, along with an accomplice, was accused of repeatedly beating a victim, causing extensive injuries, and demanding money. The court found that the public interest in extradition outweighed Huzniak's Article 8 claims, even if assumed to be true.

Fordham J concluded that there was no basis for adjourning the hearing and that extradition did not arguably violate Huzniak's Article 8 rights. The appeal was dismissed, and Huzniak's extradition to Poland was ordered.

Legal representatives: The Appellant appeared in person by videolink. The Respondent did not appear and was not represented.

Judicial Panel: Fordham J

Case Citation Reference: [2024] EWHC 1355 (Admin)