Płock court blocked extradition of a Belarusian citizen, citing concerns about fair trial standards and human rights violations in Belarus.
Extradition Inadmissibility
The District Prosecutor’s Office in Płock requested the local court to rule on the legal inadmissibility of extraditing a Belarusian citizen sought by Belarusian authorities. The individual is accused of tax fraud involving large-scale damages through deliberate concealment and under-declaration of taxable income, potentially punishable by up to seven years’ imprisonment in Belarus.
The Belarusian citizen opposed extradition to his home country, stating he assisted the Belarusian opposition after the 2020 presidential elections by transporting supplies and injured individuals. He fled Belarus in 2021 and is currently in Poland with his family, seeking international protection.
Human Rights Concerns
The Płock court found absolute grounds for refusing extradition. There is a reasonable fear that the individual’s fundamental rights and freedoms, guaranteed under the European Convention on Human Rights, could be violated in Belarus, including prohibitions against torture and inhumane treatment. The court also noted Belarus does not guarantee a fair trial.
The court referenced the European Court of Human Rights, emphasizing that no state may extradite a person if there is a real risk of torture or imprisonment without fair trial guarantees.
Violation of Polish Legal Order
Extradition would also conflict with Poland’s legal framework, which prioritizes the constitution, statutes, ratified international treaties, and regulations. Extradition contradicting these legal instruments is deemed impermissible.
Right to Defense
The Płock court explicitly stated that Belarus’s justice system fails to meet the standards of a democratic state of law. Independent judiciary is lacking, and opposition-related trials are often show trials stripped of basic guarantees like access to a lawyer and public proceedings. The court highlighted systemic violations of the right to a fair trial, including lack of access to independent legal counsel, rendering real defense rights impossible.
