Execution of a European arrest warrant against a former minister. Interim measures for non-execution. Rejection of the request by the ECtHR
INTERIM MEASURE JUDGMENT
Udrea v. Bulgaria 15.06.2022 (app. no. 20918/22)
SUMMARY
The applicant, a former Minister of the Government of Romania, was convicted by the criminal courts of corruption and sentenced to 6 years in prison. She was now located in Bulgaria. A European arrest warrant was issued against her on 07.04.22. She was arrested the same day in Bulgaria while trying to travel to Greece.
On 14 June 2022 she appealed to the ECtHR in accordance with Article 39 of the Rules of Court, requesting that interim measures be taken and that the Bulgarian authorities be instructed not to execute the European arrest warrant and not to be extradited to Romania, as she was in danger of being ill treated due to the conditions in prisons, and more specifically to overcrowding in prison and alleging that she had received death threats while in pre-trial detention.
The ECtHR rejected her request for interim measures.
PRINCIPAL FACTS
The applicant, Elena Gabriela Udrea, is a Romanian national who was born in 1973.
Ms Udrea is a former member of Parliament and government minister in Romania who is currently
in Bulgaria. In June 2018 the Romanian courts sentenced her to six years’ imprisonment on
corruption charges. Her conviction became final on 5 June 2018. She lodged a special application to
have the conviction quashed, which was rejected on 7 April 2022. An appeal against that decision is
pending before the Romanian courts.
On 7 April 2022 the Romanian authorities issued a European arrest warrant in respect of Ms Udrea.
On the same day she was arrested in Bulgaria as she was leaving the country to travel to Greece. She
was placed in pre-trial detention.
On 10 June 2022 the Sofia Court of Appeal upheld the Regional Court’s decision of 19 April 2022 to
execute the European arrest warrant against the applicant.
On 14 June 2022 Ms Udrea applied to the European Court of Human Rights under Rule 39 of the
Rules of Court (interim measures), requesting it to indicate to the Bulgarian authorities that they
should stay execution of the European arrest warrant and not extradite her to Romania.
In support of her request for an interim measure she relied on several Articles of the European
Convention on Human Rights, and especially on Articles 2 (right to life), 3 (prohibition of inhuman or
degrading treatment), 6 (right to a fair trial) and 13 (right to an effective remedy). In particular, she
argued that she would be detained in conditions contrary to Article 3, complaining of overcrowding
in prison and alleging that she had received death threats while in pre-trial detention.
She also maintained that she had been convicted by a tribunal that was not established by law and
was neither independent nor impartial.
THE DECISION OF THE COURT…
On 14 June 2022 the European Court of Human Rights decided to refuse the request for an interim
measure.
