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Verdict: No delivery if there is a lot of confinement in the prison


Stuttgart Higher Regional Court refuses extradition to Romania

Stuttgart (jur). Because decent conditions of detention are currently not guaranteed there, as the Higher Regional Court (OLG) Stuttgart ruled in a decision published on Saturday, August 14, 2016 (Az .: 1 Ausl. 6/16).

In the specific case, Romania asked for the arrest and extradition of a Romanian citizen in Germany. The man was therefore arrested and, on the orders of the OLG Stuttgart, taken into custody.

However, the OLG had doubts from the outset about the conditions of detention in Romania. It therefore asked the public prosecutor to clarify whether Romania would guarantee accommodation that would comply with the European Convention on Human Rights and the EU principles of prison.

Romania replied that the specific prison has not yet been determined. In any case, the alleged offender - including bed and other furniture - will have "a personal space share of two or three square meters".

Based on this, the OLG Stuttgart refused extradition. A decent accommodation is not given in such a "dungeon room". The fact that Romania had guaranteed adequate ventilation and "optimal temperature" does not change this, according to the decision of June 17, 2016.

On April 5, 2016, the European Court of Justice (ECJ) in Luxembourg also declared extradition to be inadmissible if inhumane prison conditions threatened; a European arrest warrant would then also not be enforceable (file number: C-659/15, JurAgentur report from the judgment day). In this case, each prisoner had only around two square meters in an overcrowded Romanian prison. The OLG Bremen, which had called the ECJ, subsequently refused delivery (decision of June 6, 2016, file number: 1 Ausl A 23/15, JurAgentur notification of June 10, 2016) .mwo / fle

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