In its decision, the Court of Appeal cited the ECtHR case of Orchowski v Poland164 and found, as the first instance had, that the person would be at serious risk of being subjected to treatment in violation of Article 3 ECHR if surrendered regardless of what had been submitted to the Court during the appeals proceedings. The Court of Appeal, unlike the Solna District Court at first instance165 had not referred to the Aranyosi and Căldăraru decision when finding that the request for surrender should be denied.166 164 Orchowski v Poland Application no. 17885/04 Judgment of 22 October 2009. 165 Decision of Solna District Court 3 May 2016 in the case B 2768-16. 166 Information received from the Swedish Ombuds institution 19th December 2016. 42