Human rights commission sets out how evidence should be assessed in Artur Celmer extradition case

The 43-page document, submitted by the Commission in its role as an amicus curiae, draws on international and domestic practices to clarify how the court can weigh and assess the evidence in light of the important human rights issues identified in the European Arrest Warrant proceedings.

The case centres on the requested extradition of Artur Celmer, a Polish national, to Poland under a European Arrest Warrant, where concerns have been raised over recent legislative changes in Poland about the independence of the judiciary, the courts and the Public Prosecutor.

These changes, according to Mr Celmer, undermine the possibility of him having a fair trial.

Following a referral of two questions by the High Court in Dublin to the Court of Justice of the European Union (CJEU) in Luxembourg, the High Court has been advised by the CJEU that it must make a specific and precise assessment on whether, there is a real risk that the Respondent’s fair trial rights will be breached.

In its submission to the court, the Commission states: “There is no doubt that European Arrest Warrant proceedings, being linked to the criminal justice system of another State and involving immediate restrictions on liberty and potentially grave consequences in the long term, present a distinct and special situation as regards the assessment of evidence.

“The Commission seeks to be of assistance to the Court as regards the appropriate standards and tools for the assessment of evidence.”