– It was probably not a random destination – says attorney Julia Gerlich, an expert in extradition proceedings, in an interview with tvn24.pl about Sebastian M.’s escape to Dubai. The interviewee for tvn24.pl emphasizes that this country is one of several that people wanted in the countries of the broadly understood West willingly go to. Doubts as to whether the perpetrator of the tragedy on A1 will return to Poland were intensified by unconfirmed information that M. received a golden visa. – The decision on extradition may have a political dimension to some extent, and the Emirati side does not have to want to rush it – emphasizes the lawyer.
It will soon be a year since the tragedy on A1. On Monday, on tvn24.pl, we reported that the prosecutor conducting the investigation blames Zbigniew Ziobro for Sebastian M.’s escape to the United Arab Emirates. Two days later, “Gazeta Wyborcza” unofficially established that the BMW driver pursued by the Polish side received a golden visa. Polish diplomacy has not yet confirmed this information. Likewise, the information that M. allegedly got back the deposit he had paid earlier.
“To date, Polish consular services have not received any official information from the Emirati authorities regarding Sebastian M. receiving the refund of the deposit. The Polish Embassy in Abu Dhabi has sent an official diplomatic note to the UAE authorities requesting information on this matter. Similarly to the case of the refund of the deposit, the Polish side has not been officially informed by the Emirati authorities about granting Sebastian M. residency in the UAE.”
However, if the reports turned out to be true – at least from a formal point of view – extradition to Poland would still be possible.
– The agreement signed between Poland and the United Arab Emirates prohibits the extradition of its own citizens and asylum seekers. Refusals in refugee cases are also recommended. However, this list does not include people with a long-term residence permit in the UAE – says attorney Julia Gerlich, a human rights lawyer and expert in extradition.
READ ALSO: The conference after which Sebastian M. escaped. Prosecutor’s office on the findings one year after the tragedy on A1
The golden visa is – as we read on the official website of the Emirati government – a long-term residence visa addressed to “outstanding talents” (such as doctors, scientists, filmmakers or athletes) as well as investors and wealthy entrepreneurs (who run a business in the UAE worth at least half a million dirhams – a little over half a million zlotys). Assuming that Sebastian M. received it, he will not have to worry about a residence permit for five years. But not only that.
The golden visa allows residents to leave the United Arab Emirates. Unless the Emirati side has prohibited it, Sebastian M. will be able to travel abroad.
Political decision
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Theoretically, before a decision favorable to Poland is issued, Sebastian M. could disappear again and force Polish diplomacy to file another extradition request. However, it is not at all certain that the United Arab Emirates will agree to extradite M. to Poland.
– Unlike the European Arrest Warrant, where the decision to issue is made by the judicial authorities of a given country, extradition is a judicial and political decision. Hence the activity of the Ministry of Foreign Affairs in this matter and the visits and diplomatic correspondence – emphasizes attorney Gerlich.
READ ALSO: From a Horrific Accident to Being Held in Dubai. Timeline After the Tragedy on A1
The UAE does not necessarily have to be interested in extraditing the BMW driver to the country. Sources close to the case tell us that the United Arab Emirates are trying to build an image of a country that is very friendly to people with capital. From the Polish perspective, we are talking about the perpetrator of an unimaginable, cruel tragedy on the A1, who escaped responsibility. From the perspective of Dubai, the situation may look different: a young Polish entrepreneur committed an unintentional crime and in exchange for peace of mind invested his money in the UAE.
– Regardless of the emotions that this case raises in Poland, this event – according to media information – was classified as causing a traffic disaster. The materials sent by the Polish side provide the context for the classification itself. The UAE does not necessarily know the full Polish perspective at this stage of the extradition proceedings – says the attorney.
Potential scenarios
The tvn24.pl interviewee points out that there are several possible scenarios. She emphasizes that she does not know how the country where Sebastian M. was detained will ultimately react. – In the event of a refusal to extradite Sebastian M., the UAE should indicate the basis for such a decision – says attorney Julia Gerlich.
The agreement on cooperation between Poland and the UAE contains, for example, a provision indicating that when assessing an extradition request, the “seriousness of the crime in relation to the age of the person” should be taken into account. The health of the person detained should also be taken into account. There is no clear indication of what problems we are talking about and how much they must affect the health of the person whose extradition is requested by a third country.
– As you can see, these criteria are vague and therefore discretionary and susceptible to interpretation – the expert points out.
Bilateral agreement
The agreement on legal cooperation in criminal matters was signed in Abu Dhabi on September 22, 2022. The document entered into force in June of the following year, a few months before the tragedy on the A1 motorway.
– This legal act clarifies the provisions of the Code of Criminal Procedure regarding how cooperation in criminal matters between the UAE and Poland is to proceed. In relation to the extradition procedure, it indicates, among other things, circumstances that prevent or significantly hinder the extradition of prosecuted persons, but also specific documents – says attorney Julia Gerlich.
The efficiency of the extradition procedure therefore depends on how quickly the Polish side will complete the necessary documents. On Monday, we revealed that it was not until July of this year that the Emirati side received the translated content of the expert reports prepared at the request of the Piotrków prosecutor’s office.
– How long can extradition last? There is no easy answer to this question. I know of cases where it lasted a year and a half, but there are also cases where it lasted ten years or the procedure, despite many years of efforts, has not been completed to this day – concludes the tvn24.pl interviewee.
Tragic accident on the A1 motorway near Piotrków Trybunalski State Fire Service Headquarters in Piotrków Trybunalski
Source of the main photo: District Police Headquarters in Piotrków Trybunalski
Sebastian M. will be extradited from Dubai to Poland, what are the legal challenges he faces?
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Sebastian M.’s Escape to Dubai: Will He Return to Poland?
It’s been nearly a year since the tragic accident on the A1 motorway in Poland, and the perpetrator, Sebastian M., has been hiding in Dubai, United Arab Emirates. The question on everyone’s mind is: will he be extradited back to Poland to face justice?
According to attorney Julia Gerlich, an expert in extradition proceedings, Dubai is a popular destination for those wanted by Western countries, and the decision to extradite Sebastian M. may not be a straightforward one. “The agreement signed between Poland and the United Arab Emirates prohibits the extradition of its own citizens and asylum seekers. Refusals in refugee cases are also recommended. However, this list does not include people with a long-term residence permit in the UAE,” Gerlich explains.
Golden Visa: A Potential Obstacle to Extradition
Recent reports suggest that Sebastian M. may have obtained a golden visa, a long-term residence visa granted to “outstanding talents” and investors who have invested a significant amount of money in the UAE. If true, this could complicate the extradition process. ”The golden visa allows residents to leave the United Arab Emirates. Unless the Emirati side has prohibited it, Sebastian M. will be able to travel abroad,” Gerlich notes.
A Political Dimension
The decision to extradite Sebastian M. may have a political dimension, and the Emirati side does not have to want to rush it. “Unlike the European Arrest Warrant, where the decision to issue is made by the judicial authorities of a given country, extradition is a judicial and political decision. Hence the activity of the Ministry of Foreign Affairs in this matter and the visits and diplomatic correspondence,” Gerlich emphasizes.
Potential Scenarios
Gerlich outlines several possible scenarios, including the possibility that the UAE may refuse to extradite Sebastian M. “In the event of a refusal to extradite Sebastian M., the UAE should indicate the basis for such a decision,” she says. The agreement on cooperation between Poland and the UAE contains provisions that could be used to justify a refusal, such as the “seriousness of the crime in relation to the age of the person” and the health of the detained person.
Bilateral Agreement
The agreement on legal cooperation in criminal matters between Poland and the UAE was signed in 2022 and entered into force in June 2023. The document clarifies the provisions of the Code of Criminal Procedure regarding how cooperation in criminal matters between the UAE and Poland is to proceed. “The efficiency of the extradition procedure therefore depends on how quickly the Polish side will complete the necessary documents,” Gerlich notes.
Conclusion
As the world waits to see if
– What are the implications of Sebastian M.’s golden visa for his potential extradition to Poland?
Sebastian M’s Escape to Dubai: Will He Return to Poland?
The case of Sebastian M., the BMW driver involved in a tragic accident on the A1 highway, has taken a dramatic turn with his escape to Dubai. Attorney Julia Gerlich, an expert in extradition proceedings, has raised doubts about whether M. will return to Poland to face justice. In an interview with tvn24.pl, Gerlich emphasized that Dubai is a popular destination for individuals seeking to escape prosecution in Western countries.
The Golden Visa Connection
Recent reports suggest that M. has obtained a golden visa, which would grant him a long-term residence permit in the United Arab Emirates. While Polish diplomacy has not confirmed this information, if true, it could complicate efforts to extradite M. to Poland. However, Gerlich notes that the agreement between Poland and the UAE prohibits the extradition of its own citizens and asylum seekers, but people with long-term residence permits, like those with a golden visa, are not exempt.
Political Decision
The decision on extradition may have a political dimension, and the Emirati side may not want to rush it. Gerlich emphasizes that the UAE is trying to build an image of a country friendly to people with capital, and in this context, M.’s case may be viewed differently. From Poland’s perspective, M. is a perpetrator of a cruel tragedy, but from Dubai’s perspective, he may be seen as a young entrepreneur who committed an unintentional crime and is willing to invest in the UAE.
Potential Scenarios
If M. has indeed obtained a golden visa, he may not need to worry about a residence permit for five years, and he would be free to travel abroad unless prohibited by the Emirati authorities. However, Gerlich notes that before a decision favorable to Poland is issued, M. could disappear again, forcing Polish diplomacy to file another extradition request.
Bilateral Agreement
The agreement between Poland and the UAE regulates extradition proceedings, but Gerlich highlights that the UAE is not obligated to extradite its own citizens or asylum seekers. The UAE may also refuse extradition in refugee cases, making the process more complex.
Legal Challenges
If M. is extradited from Dubai to Poland, he will face legal challenges. Gerlich notes that unlike the European Arrest Warrant, extradition is a judicial and political decision, involving diplomatic correspondence and visits from the Ministry of Foreign Affairs. The UAE’s decision on extradition may not necessarily favor Poland, given their efforts to build an image of a country friendly to investors.
Conclusion
The case of Sebastian M. has sparked widespread outrage and concern about the effectiveness of international extradition agreements. As the investigation continues, it remains to be seen whether Poland will be able to secure M.’s extradition and bring him to justice. The involvement of the UAE and the potential golden visa complicates the situation, adding a layer of political complexity to the legal proceedings.
