Published on 26 July 2021

FOURTH SECTION

Application no. 45257/19 B.T. against the Netherlands lodged on 22 August 2019 c ommunicated on 8 July 2021

SUBJECT MATTER OF THE CASE

The application concerns the alleged unlawfulness under Article 5 § 1 of the Convention of the applicant ’ s detention in the Netherlands for the purpose of his surrender – on the basis of a European arrest warrant – to the United Kingdom where he was accused of drug trafficking.

The Dutch Surrender Act ( Overleveringswet ) provided at the relevant time that a request for surrender should be determined within 90 days after the arrest of the person concerned. If no determination had taken place within that period, the time limit for the determination could be extended by the court. However, upon expiry of the 90 days period, the detention must be suspended pending the determination of the request . The applicant ’ s detention was suspended after 188 days.

QUESTION TO THE PARTIES

Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the prolongation of his detention for the purpose of his surrender to the United Kingdom beyond 90 days after his apprehension “in accordance with a procedure prescribed by law”?