Ciaran Tobin extradition case

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Ciarán Tobin extradition case is a highly publicized international diplomatic and legal affair between Hungary and Ireland concerning the refusal of the surrender of an Irish citizen under the European Arrest Warrant who killed two children in Hungary due to negligent driving.

Contents 1 Background 2 Departure from Hungary 3 Extradition request and refusal 4 References

[edit] Background

On April 9, 2000, Ciarán Tobin, an Irish citizen working as a senior manager of Irish Life and Permanent Hungary, was driving towards Budapest through the small town of Leányfalu. His speed was estabilished at least 80 km/h in a 50 km/h zone as he was passing cars in a reckless fashion on a two-lane road. He lost control of his vehicle, and ran onto the sidewalk where he hit and immediately killed two children, 2 year old Petra who was sitting in a pram, and 5 year old Márton, siblings^[1][2].

[edit] Departure from Hungary

The Hungarian authorities took his passport, however later, in September 2000 he requested that he get his passport back for a family visit. His request was supported by the Ambassador of the Irish Republic, Jim Flavin^[2]. The Hungarian authorities acted in an unusual promptness, and returned his passport in exchange for a security deposit of HUF 500,000 (about $2000 at that time) within one day of the application. He left, and returned as promised. However, the authorities failed to request that he surrender his passport on return.

Irish Life didn't extend his assignment and with his passport in his pocket he returned to Ireland in November 2000. He did not show up for the trial, but was duly represented by his lawyers, which is possible in Hungarian law. He was sentenced in absentia to 3 years in prison. On appeal the sentence was amended so that Tobin would possibly be eligible for parole after serving only 18 months.

[edit] Extradition request and refusal

Meanwhile Hungary joined the EU, and the European Arrest Warrant Framework came into effect in 2004. Hungary requested the surrender of Mr. Tobin under the EAW agreement. However, Judge Peart refused the surrender claiming that Tobin did not "flee" Hungary as worded in both the EAW and the corresponding Irish implementation act, since he left Hungary with the consent of the Hungarian authorities^[3][4]. Later the Irish Supreme Court upheld Peart's decision^[5]. The Irish also refused the Hungarian request to make Mr. Tobin serve his time in an Irish prison, an option within the EAW Framework decision.

Hungary on the other hand strongly disagrees with such interpretation of the EAW law and the word "flee"^[6]. Hungary argues that anyone not returning to serve his or her sentence is fleeing from justice. Hungary keeps the warrant in effect as the Irish decision has no bearing for other EU members. Hungary is also exploring other legal options including turning to various EU fora to enforce its court's decision.

[edit] References