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Case details

Katic (Appellant) v Republic of Croatia (Respondent) (Gibraltar)

Case ID: JCPC 2020/0041

Jurisdiction: The Supreme Court of Gibraltar

Case summary

Issue

The appeal concerns a challenge to the validity of a European Arrest Warrant issued for the Appellant in February 2019 in Croatia. Where a person has been convicted and sentenced in a requesting state, voluntarily absenting himself from part of those proceedings, and has thereafter acquired residency in the executing state, is the Magistrates’ Court entitled to order that a European Arrest Warrant be executed, in the absence of an undertaking in accordance with sections 8(2) and 8A(3) of the European Arrest Warrant Act 2004? If the answer to that question is no, was the Supreme Court of Gibraltar obligated to allow the appeal, quash the Surrender Order made against the Appellant, and release him from custody?

Facts

The Appellant was arrested in Gibraltar pursuant to a European Arrest Warrant issued in Croatia. The Appellant was resident in Gibraltar at the time of his arrest. He had been convicted of criminal conspiracy to import wholesale quantities of cocaine into Croatia in June 2015 and, after an appeal, sentenced to 10 years’ imprisonment. The Appellant declined to surrender voluntarily. On 3 February 2020, the Magistrates’ Court ordered the Appellant’s surrender (the "Surrender Order") to Croatia.

The Appellant appealed to the Supreme Court of Gibraltar. Before the case was heard at the Supreme Court of Gibraltar, the Croatian authorities provided Gibraltar with a Guarantee in accordance with section 8A(3) of the European Arrest Warrant Act 2004. The Guarantee stated that if the Appellant surrendered to Croatia he would, in the event of an unsuccessful appeal, be returned to Gibraltar to serve any custodial sentence imposed in Croatia. The Supreme Court of Gibraltar dismissed the appeal and ordered the Appellant’s surrender to Croatia. The Appellant now appeals to the JCPC.

Parties

Appellant(s)

Nikola Katic

Respondent(s)

Republic of Croatia

Appeal

Justices

Lord Briggs, Lord Hamblen, Lord Leggatt, Lady Rose, Sir Declan Morgan

Hearing start date

Due to travel difficulties affecting both legal teams this case has had to be adjourned at short notice