Suspect to appeal extradition from Poland

1st June 2006, Comments 0 comments

1 June 2006 , BRUSSELS — The main suspect in the Brussels mp3 murder will appeal against the court ruling allowing his extradition to Belgium from Poland.

1 June 2006

BRUSSELS — The main suspect in the Brussels mp3 murder will appeal against the court ruling allowing his extradition to Belgium from Poland.

Warsaw Court ruled on Wednesday that 17-year-old Adam G. can be extradited to Belgium, but ruled he must serve out his sentence in Poland if convicted.

The lawyer representing G. later indicated an appeal will be lodged against the extradition. A definitive ruling will now be issued in two to three weeks.

G. was arrested in north-east Poland some 15 days after the murder of Joe van Holsbeeck at  Brussels Central station on 12 April. The suspect is accused of stabbing Van Holsbeeck five times after he refused to hand over his mp3 player.

Following his arrest, the Belgian judiciary immediately requested G.'s extradition. Polish and Belgian magistrates have exchanged letters in the past month discussing the issue.

And the public prosecutor and defence lawyers gave their final statements to the Warsaw Court on Wednesday morning.

Poland wanted a guarantee the suspected killer would be tried as an adult, even though he won't turn 18 until October this year.

Belgium could not give that guarantee, but justice officials convinced the Warsaw judge there is a great chance the juvenile court judge in Brussels will order G. to be tried as an adult.
 
There was also a discussion as to whether the European arrest warrant is valid in Poland. Though Poland is an EU member state, the Constitution still prevents the extradition of Polish nationals.
 
The Warsaw judge ultimately ruled the European arrest warrant takes precedence over the Polish constitution.

The parents of the suspect and two family members were in the courtroom on Wednesday. G.'s mother angrily denounced Polish media, claiming it pre-convicted him.

Even if G. is eventually extradited to Belgium, he will still serve out his sentence in Poland if convicted.

Poland wants to ensure that he serves out his full sentence rather than become eligible for early parole under the Belgian system.

In Belgium, detainees come under consideration for parole if they have served out part of their sentence, but that system does not apply in Poland.

The suspect also wants to serve out his sentence in Poland, namely for family and social reasons and in order to work or educate himself in the Polish penitentiary system.

[Copyright Expatica News 2006]

Subject: Belgian news

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