“I was physically abused when I was in prison. I was put in a cell with three young inmates who had committed many violent offences. They punched, kicked and pushed me. They took my food away. I think those violent offenders were put there on purpose to make my life a misery. I start shaking when I talk about this. Sometimes I shared a cell with ten others. The cells were small. The other inmates laughed at me and made fun of me. It was not pleasant. The guards did nothing to help. It was difficult to cope with the physical and mental abuse from inmates and prison guards. I knew a lot of people in my town. The guards told these people that the prosecutor told them to treat me badly. They wanted me to crack under pressure and plead guilty. They saw me as a weak link. There are many people on remand who are bullied into pleading guilty when they have done nothing wrong. I never pleaded guilty and I maintain my innocence. I was put on antidepressants in prison. I felt very isolated and hopeless. I became reliant on these pills. Since then, I have been taking them and I need them to function. Sometimes, the antidepressants alone are not enough, and I need alcohol.”
“I would rather kill myself than be extradited. I do not want to be separated from my family. I have no close family left in Poland. it would be impossible to survive on my own, with nobody to come and see me. My family are all here.”
“I continue to feel that, if I were to be extradited, I could not live with the possibility of being detained in prison in Poland again. If this were to happen, and I was facing returning to a Polish prison, I would take my own life.”
“We have spoken about the extradition proceedings. He is pessimistic about returning to Poland. He changed after he was released from prison in Poland. He spends most of his time in his bedroom. He said he doesn't want to go back to Poland and that if he does, he will go to jail md he will kill himself. He states he just wants to take a hand full of pills and drink a bottle of vodka.”
“Edmund continues to say that he would rather kill himself to stay in this country than be taken to Poland.”
“He still expresses intentions to kill himself if his extradition was ordered.”
“He stated that [if he was extradited to Poland] he would have no other choice and that it would be his only option. Despite encouraging him to think about alternatives, he was unable to do so and focussed entirely on the ending of his life”
“75. Dr Furtado believes that it is unlikely that Mr Hebda`s mental state will improve whilst extradition proceedings are ongoing and on the contrary is likely to further worsen his mental state and that there is a real risk that should extradition be imminent, he could make attempts to end his life”. 76. Suicide risk assessment. According to Dr Furtado, this is an imprecise science. However, as Mr Hebda presents with risk factors including being male, of slightly older age, a diagnosis of moderate to severe depression, past suicide attempts, feelings of hopelessness and helplessness, the possibility of isolation, physical illness, recent contact with psychiatric services and lack of social support puts him at increased risk of suicide. He considers the clinical risk to be very high and remain very high for the foreseeable future based on these factors. This risk is influenced by his alcohol consumption and feelings of hopelessness. He recommends that Mr Hebda continues with his antidepressant medication with consideration being given to a further increase in the dose. He recommends that culturally adapted psychological interventions, such as cognitive behavioural therapy and substance misuse psychological interventions, be offered to him. 77. Mr Hebda has stated that he would kill himself if his extradition to Poland is ordered and Dr Furtado considers this risk to be very high and that his mental health is more likely to improve on the culmination of proceedings against him. The extent to which his depressive symptoms will abate is difficult to predict considering the length of time he has experienced these symptoms. 78. Dr Furtado added that there is evidence to suggest that his depressive symptomatology began following his incarceration in prison in Poland and that he attempted to kill himself when in prison in Poland. He would need 24-hour 1:1 supervision to prevent him from killing himself. Furthermore, there needs to be assurances that his depression will be adequately and robustly treated and that plans are in place with relevant expertise to assess his cognitive problems. He believes that there is the likelihood that Mr Hebda’s mental health will deteriorate if extradited to Poland. Furthermore, his risk of suicide is likely to increase”
“(i) There is a strong and continuing important public interest in the UK abiding by its international extradition obligations. (ii) The seriousness of the criminal conduct tin respect of which his return is sought and the lengthy sentence that may result from any conviction. (iii) The assertion by the Judicial Authority and the finding by this court that the requested person is a fugitive from Justice”
“(i) It is very important for the UK to be seen to be upholding its international extradition obligations. The UK is not to be considered a `safe haven` for those sought by other Convention countries either to stand trial or to serve a prison sentence. (ii) In my opinion, the criminal conduct set out in the EAW is very serious and, in the event of a conviction in the UK for like criminal conduct, a prison sentence of some length may well be imposed. (iii) This court finds that the requested person is a fugitive from justice. The reasons for this finding are set out heretofore. (iv) It is appreciated that there will be hardship caused to EH and to his family members. However, that of itself is not sufficient to prevent an order for extradition from being made. (v) As this court has found as a fact that EH is a fugitive from justice, this finding brings paragraph 39 of the decision in Celinski above into consideration. I do not find that there are such strong counter-balancing factors as would render extradition Article 8 disproportionate in this case. (vi) I bear in mind, in an Article 8 context, the time that has passed since the alleged criminal conduct is said to have occurred, but this does not tip the balance in his favour. (vii) I have also given consideration to the fact that most of his family reside in the UK and that it may be difficult for them to visit him in prison there. I note that he has an adult son living in Poland, who is said to apparently spend much of his time travelling. (viii) I have given particular consideration to EH`s health issues, particularly his mental health and the potential suicide risk were extradition to be ordered. I find that the evidence presented shows that any such attempt to end his life would not be as a result of an uncontrollable impulse but would be as a result of a decision taken by EH assessing the circumstances as he perceives them to be in the event of return. In the context of an Article 8 challenge I do not find that this prevents his extradition from being ordered, either on its own or with other factors relied on in support of this challenge. It is also noted that his mental health appears to have improved in recent months as has his hitherto dependency on alcohol. (ix) I also bear in mind the Brexit uncertainty in this case. It may be that, if convicted, notwithstanding the fact that he has settled status, the Home Office may reconsider his right to return in the event that he were to be convicted and sentenced to a term of imprisonment that falls foul of the relevant regulations. . . . I do not find that such uncertainty tips the Article 8 balance in favour of the requested person such as to make return Article 8 disproportionate. (x) I also take into account, in an Article 8 balancing act context, the time that has passed from when the alleged offending conduct is said to have taken place to date, but I do not find that this tips the scales in favour of MP so as to render surrender Article 8 disproportionate.” (Emphasis added).
“Mr Hebda presented as a man in his 60s with a good level of personal hygiene. He exhibited relatively good eye contact. His mood was objectively dysthymic, and there was evidence of irritable mood. He was tearful on several occasions throughout the interview and needed some time to compose himself. He described his mood as “really bad” and reported ongoing problems with sleep. He told me that he had lost 10 kg in weight over the past three months which he attributed to the combination of poor appetite and substandard prison food. Mr Hebda acknowledged suicidal ideation and added, “I have no reason to live”
“I am not going to Poland. Poland is not a country of law; it’s the worst country in the EU. I did nothing wrong. I was on bail for three years, and I was fine.”
“Mr Hebda is adamant that he would end his life if he is to be returned to Poland. In my opinion, if extradition is allowed his suicide risk will likely escalate. He already has major risk factors for suicide: previous self-harm and suicide attempts, alcohol misuse, depression, and impulsivity. Mr Hebda’s risk of Clinical Psychology Court Report Mr Edmund Hebda impulsive (i.e., involuntary) self-harm/suicide would be significantly elevated in the context of alcohol intoxication as it occurred in 2018 and June 2023 because it would impair his ability to rationally consider the consequences of his actions”
“If extradition is granted, Mr Hebda would need to be on constant observations to lessen the risk of suicide, but if he intends to kill himself, he will likely find a way to do it. Appropriate pharmacotherapy would be essential to mitigate the risk of suicide during the transfer to Poland.”
“He told me that his “situation [had] changed” and categorically denied any thoughts, intent or plans to self-harm. He emphasised that he had “a plan”, which gave him a sense of purpose. He stated repeatedly, “I want to go to Poland and deal with the outstanding case and clear my name.”
“…I took an overdose as I managed to get tablets in here…it was the second or third month of being in prison…I must have taken about 200 to 300 tablets…I was prescribed the medication and I collected them…I was taking the tablets from the hatch and was bringing it to my cell…no one was observing me taking them…nobody checks anything in prison…”
“His incidents of suicide attempts including taking massive overdoses is demonstrative of the impulsive nature of his acts and him crossing a “tipping point” in his mental health. This can be interpreted as “reaching the point when he was no longer able to resist the impulse of wanting to end his life. In my view this is based predominantly on the depressive symptoms that he presents with and the extradition proceedings that he is subject to. His current environment is unlikely to prevent him from ending his life but rather foster a sense of hopelessness. In my view, his mental health needs would be better met in the community via a Home Treatment Team or a community mental health team.”
“His incidents of suicide attempts including taking overdoses is demonstrative of the impulsive nature of his acts and him crossing a “tipping point” in his mental health. This can be interpreted as “reaching the point when he was no longer able to resist the impulse of wanting to end his life”
“The mental condition of the person must be such that it removes the capacity to resist the impulse to commit suicide, otherwise it will not be his mental condition but his own voluntary act which puts him at risk of dying and if that is the case there is no oppression in ordering extradition”
“(1) the court has to form an overall judgment on the facts of the particular case; (2) A high threshold has to be reached in order to satisfy the court that a requested person’s physical or mental condition is such that it would be unjust or oppressive to extradite him; (3) The court must assess the mental condition of the person threatened with extradition and determine if it is linked to a risk of a suicide attempt if the extradition order were to be made. There has to be a “substantial risk that [the appellant] will commit suicide”
“As I read Dr Hayes’ reports, although he regards the risk of Ms Turner attempting to commit suicide as substantial or high, he does not say that this risk is one that is brought about by her mental condition or her depressive illness; rather it is brought about by the fact that she might be extradited. Although Ms Turner’s mental condition evidences clinical depression and some features of post traumatic disorder, she appears to remain rational. Any decision to make an attempt to take her life will, on the evidence, be taken because Ms Turner has decided to make a choice to do so”
“Her stated intention to commit suicide in the future remains “adamant”, but in my judgment that remains a matter of choice and not because her mental condition is such as to remove her capacity to resist the impulse to commit suicide.”
“The difficulty arises because the term “impulse” means one thing to a psychiatrist or clinical psychologist and another to a lawyer or lay person. In its technical meaning, an impulse is a sudden, forceful, urge to do something, which the person who is subject to the impulse may find difficult or impossible to resist. It is a feature of many personality disorders, and impulse control disorder features both in ICD11 and DSM-V. If proposition (4) in Turner were using “impulse” in this technical sense, the consequence would be that someone with very severe depression who was not impulsive would fail at this hurdle whereas someone with less severe depression but a comorbid personality disorder might surmount it.”
“In our judgment, to the extent that Turner proposition (4) adds anything to propositions (3) and (5), its function is to indicate that in situations where the decision to commit suicide is voluntary, in the sense of being rational and thought-through, a finding of oppression should not be made. We heed Ms Malcolm’s warning that it would be unwise to gloss Turner proposition (4) with some additional or alternative form of words which imports a specific causation test: the verb “linked” already appears in proposition (3). In particular, we would deprecate any attempt to introduce concepts of causation as are routinely applied in tort or contract: the fact that (in conventional causation terms) a person’s depression would be either a cause or even the dominant cause of a person’s decision to commit suicide does not mean or necessarily suggest that the act was not voluntary within the meaning of Turner proposition (4).”
“That confirms that risk management regimes are responsive to individuals’ circumstances with the most intensive monitoring and support provided to those with a history of previous attempts and at highest risk. It provides, in such cases, for ‘ensuring accessibility to medical, educational and psychological care’, individual mental health, including psychiatric, care as appropriate, and supervision and monitoring up to and including on a continuous basis. Detailed provision is made as to the engagement of health professionals as necessary, and in particular in relation to particularly high-risk moments including on first admission.”