Extradition Appeal of Predrag Stojcevic Overturned on Human Rights Grounds

Introduction

The High Court has overturned an extradition order for Predrag Stojcevic, who faced charges of war crimes in Croatia. The decision was based on the grounds that extradition would disproportionately interfere with his Article 8 rights under the European Convention on Human Rights.

Background

Predrag Stojcevic, a former soldier in the Yugoslav People's Army, was accused of participating in beatings and torture during the Yugoslav wars in 1991. The allegations were brought forward by the County Court of Osijek, Croatia, under article 120(1) of the Basic Criminal Code of the Republic of Croatia.

The accusations include four incidents of severe assaults on five victims, involving beatings with rifle butts, wooden clubs, and other forms of torture. The incidents were reported to the police in 2005, with subsequent legal actions spanning over a decade.

Grounds of Appeal

Stojcevic's appeal rested on three main grounds: (a) the passage of time making extradition unjust or oppressive, (b) interference with his Article 8 rights due to his long-term settlement in the UK, and (c) potential prejudice at trial or sentencing due to his ethnicity as a Serb.

Additionally, Stojcevic sought to amend his appeal to include concerns about potential Article 3 ill-treatment due to overcrowding in Croatian prisons.

Decision on Passage of Time

The court found unexplained delays in the extradition process, particularly from 2010 onwards. The District Judge's reasoning that there was no culpable delay was deemed incorrect. The High Court concluded that the passage of time, especially the period of inactivity from 2011, was significant but did not render a fair trial impossible.

Article 8 Rights

The High Court ruled that extradition would be a disproportionate interference with Stojcevic's Article 8 rights. The court emphasized his long-term residence in the UK, his settled family life, and the lack of a compelling explanation for the delay in extradition proceedings. The seriousness of the allegations was acknowledged, but the court noted the appellant's young age and conscription status at the time of the alleged offences.

Prejudice at Trial

The court dismissed the argument that Stojcevic would face prejudice at trial due to his ethnicity. The evidence provided, including reports from Amnesty International and the UN, was insufficient to substantiate the claim that the allegations were politically motivated.

Article 3 Ill-Treatment

The application to amend the appeal to include concerns about Article 3 ill-treatment was refused. The court found no clear and compelling evidence that Stojcevic would face inhumane or degrading treatment in Croatian prisons, despite reports of overcrowding.

Conclusion

The High Court allowed the appeal on the grounds of Article 8, discharging the extradition warrant. The other grounds of appeal were dismissed, and the application to amend the appeal was refused.

Legal Representatives: Mr. Benjamin Joyes and Mr. Tihomir Mak for the appellant, Ms. Kathryn Howarth for the respondent.

Judicial Panel: Mr. Justice Swift

Case Citation Reference: [2024] EWHC 1477 (Admin)