The Regional Court In Bielsko-biala, Poland Against Kamil Tomasz Charyszyn
| Jurisdiction | Scotland |
| Judge | Sheriff F R Crowe |
| Neutral Citation | [2019] SC EDIN 43 |
| Court | Sheriff Court |
| Date | 02 May 2019 |
| Docket Number | E10/18 |
| Published date | 15 May 2019 |
SHERIFFDOM OF LOTHIAN & BORDERS AT EDINBURGH
UNDER THE EXTRADITION ACT 2003
[2019] SC EDIN 43
E10/18
JUDGMENT OF SHERIFF FRANK RICHARD CROWE
in the cause
THE REGIONAL COURT IN BIELSKO-BIALA, POLAND
Pursuer
against
KAMIL TOMASZ CHARYSZYN whose domicile citation has been specified as an address in
Glasgow
Defender
Pursuer: Richardson QC and Jajdelski Advocate; instructed by T Crosbie Solicitor for the
Lord Advocate on behalf of the Polish Authorities
Defender: Mackintosh, Advocate; instructed by Dunne Defence, Solicitors Edinb urgh
Edinburgh, 2 May 2019
[1] This is one of 2 “test cases” (the other being Patryk Michal Maciejec No E91/15 now
reported at [2019] SC EDIN 37; [2019] 4 WLUK 449) which it was agreed would be dealt
with to hear evidence and determine Article 6 challenges which were lodged in Polish
extradition proceedings in the wake of concerns raised about new laws and procedures
brought in by the Polish Government following their general election victory in 2015. This
case was selected as it involves a number of different offences, some of the charges are at the
accusation stage, while another is a conviction case with the potential of the requested
person serving a sentence of imprisonment which may require to be served consecutively to
any other prison sentences imposed.
2
[2] By the summer of 2018 and in the wake of “grave concerns” previously expressed in
the report of 11 December 2017 by the Venice Commission, the body responsible for
monitoring the rule of law for the European Union, that political changes in Poland put “at
serious risk the independence of all parts of the Polish Judiciary”, The Reasoned Proposal in
Accordance with Article 7(1) of the Treaty on European Union regarding the Rule of Law in Poland”
published by the European Commission on 20 December 2017 (“the Reasoned Proposal”)
and the decision by Mrs Justice Donnelly in the High Court of Ireland in Minister of Justice &
Equality v Celmer [2018] IEHC 119 (Celmer No 1) which resulted in a reference to the
Grand Chamber of the Court of Justice of the European Union on 25 July 2018, discussions
took place among parties how to deal with this and all other Polish cases which may be
affected by these developments.
Chronology
[3] Mr Charyszyn was accused of 3 offences and had been convicted of a fourth. These
offences were all contained in a European Arrest Warrant (EAW) which had been issued by
Judge Wojciech Paluch of the Regional Court in Bielsko-Biala, Poland on 4 December 2017.
Charge 1 (in section E2 of the EAW) was a charge of opening lockfast places, namely a
market stall on 23 or 24 November 2005 acting along with 2 others. The case references for
this charge are No. 95/06 and for the appellate procedure (VII Ka 712/06). He was sentenced
to 1 year's imprisonment of which a sentence of 250 days' imprisonment remains
outstanding having been remanded from arrest on 5 December 2005 until trial on 29 March
2006.
3
[4] Charges 2 occurred on 23 November 2005 and involved a robbery while acting with
2 named accomplices. A sentence of between 2 and 12 years' imprisonment falls to be
imposed if convicted.
[5] Charge 3 is alleged to have occurred the following day on 24 November 2005 and is a
charge of threats while acting with another. This charge attracts a sentence of between
3 months and 5 years' imprisonment.
[6] The 4th charge occurred between 3 and 28 July 2008 and involves the theft of a
number of items while in the course of employment. A sentence of between 3 months and
5 years' imprisonment may be served on conviction.
[7] Mr Charyszyn was convicted of charge 1 on 29 March 2006 at the District Court in
Bielsko-Biala. Following an appeal by the prosecutor the case was transferred to the
Regional Court. However Mr Charyszyn failed to appear at the appeals trial on
10 November 2006 although he was represented by a trainee lawyer Agata Biclawska on
behalf of Andrzej Nastula, Attorney-at-Law.
[8] He failed to appear for trials on 12 July 2007, 27 August 2007 and 6 November 2007
and warrants were issued for his arrest (see Production No. 7), a chronology provided by the
Polish court.
[9] Warrants in the accusation cases were obtained on 18 February 2009 and 14 August
2012 when it was assumed the Requested Person had left the jurisdiction, he having failed to
report to prison on 11 December 2009 in respect of the conviction case. An EAW covering all
matters was granted on 4 December 2017 and Mr Charyszyn was arrested on this warrant on
15 February 2018 when he was granted bail at Edinburgh Sheriff Court and has remained on
bail throughout.
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