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.
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