Former President of the Government Strategic Reserves Agency Detained in London. Step-by-step Extradition Procedure, Deadlines

Michał K., former president of the Government Agency for Strategic Reserves, was detained in London. This was first unofficially established by TVN24, and later confirmed by the National Prosecutor's Office. A European Arrest Warrant was issued for him. The prosecutor's office accuses Michał K. of participating in an organized criminal group and exceeding his authority and failing to fulfill his duties in order to gain financial benefits. He faces 10 years in prison.

Former president of the Government Strategic Reserves Agency detained in London.

The spokesman for the National Prosecutor's Office, Przemysław Nowak, said that on Tuesday the British court may decide whether K. may be held in custody until his extradition to Poland. Asked when this might happen, he replied that it certainly will not be a matter of the coming days. “I'm afraid it will not be a matter of weeks either,” he added.

How does the extradition procedure look in this situation? What other formal legal steps will be taken against Michał K. in the near future?

Prosecutor Przemysław Nowak said that A detention hearing could be held on Tuesday. – So, the session that will decide whether the suspect Michał K. will be arrested during the extradition process or not – he explained. He pointed out, however, that Regardless of the court's possible ruling in this case on Tuesday, the extradition proceedings will continue.

Maciej Woroch, the British correspondent of “Fakty” TVN, also spoke about the procedures in this case. He said that On Tuesday, Michał K. is to appear before Westminster Magistrate's Court, in the vicinity of Marylebone, where – as he explained – “the first, so-called technical hearing will have to take place”. – It has little to do with the charges, only that they are presented. The judge asks the (detained) person for their name and surname, confirmation of identity, and then the charges are presented, as set out in the European Arrest Warrant (in the case of the British Isles it is the Arrest Warrant) – he explained.

As Maciej Woroch continued to say, later the “court clock will start, which will count down 21 days”. This means that Within three weeks of Tuesday's hearing, i.e. from September 3, the extradition process of Michał K. must begin.

As the correspondent of “Fakty” TVN said, during the trial it will be necessary to examine and prepare all documents and aspects of a possible extradition. – This means, for example, checking whether the country that applies for extradition is not violating human rightsthus not exposing the detained accused to any inconvenience, for example, whether the case has not expired. It will also be necessary to check whether the detainee has not been convicted, prosecuted or arrested for a similar act somewhere before – Woroch continued.

– If this process starts before the 21st day, it should proceed rather quickly, although of course there were cases when the side that brought the accusation, as well as the one that defended the detainee, filed a lot of documents, trying to slow down this process, but it never drags on for a particularly long time. We are not talking about years, at most about months. Then the verdict is passed – explained Maciej Woroch.

Later, as the correspondent pointed out, there are seven days to file a possible appeal against the decision of the court of first instance. He noted that this possibility is available to both those who filed an extradition request and those who apply for non-extradition. The court then files this request with a higher court, perhaps also directly with the highest court if the case is serious

The verdict on the appeal against the decision of the court of first instance – as Maciej Woroch said – should be announced within 48 hours.

The British correspondent also reported that If the extradition ruling is upheld, there are 10 days to transfer the detained person to the country that sought his extradition.

– If the procedures were to proceed really quickly, we can expect that the extradition could take place – more or less – in about four to eight weeks. – Woroch said, but noted that the process may be extended due to various administrative reasons.

The President of the Supreme Bar Council, attorney Przemysław Rosati, speaking on TVN24 about the extradition procedure, pointed out that “in reality, everything depends on the attitude of the detained person.”

– First, this person can consent to shortening this procedure, i.e. simply to being transferred to Poland. And this means that within 10 days the suspect will appear before the Polish justice system, i.e. will be at the prosecutor's disposal. If not, then this period is at least 60 days – he explained.

– In my opinion, the outcome is a foregone conclusion, because I see no grounds for the British court to refuse to execute the Arrest Warrant. If it refuses, it will have to provide very detailed reasons – he added.

Rosati was also asked whether, in a situation in which Michał K. finds himself in Poland, the court may consider that he can answer from a free foot, i.e. appear before the justice system but remain at liberty. On Monday, Luka Szaranowicz, the defense attorney of the former RARS chief, informed that he filed a motion with the court to issue a safe conduct for Michał K. A safe conduct means that the accused would remain at liberty until the verdict in exchange for an assurance that he will appear when summoned.

– If (Michał K. – ed.) finds himself in the country, any form of a safe conduct is out of the question. For a very simple reason – it is at the disposal of law enforcement agencies. What is really important is that a person who wants to obtain the benefit of having a safe conduct, i.e. the right to respond from a so-called free foot, must first of all be outside the borders of Poland – Przemysław Rosati continued, adding that “this is the starting point when it comes to the discussion on the safe conduct”.

– So today we can clearly say that this safe conduct is irrelevant, because if the Arrest Warrant is executed in this specific situation, there is no room at all to talk about any safe conduct. Then there is room for discussion about how long temporary arrest should last – indicated the president of the Supreme Bar Council.