Have a question?
033 3772 0409

Immigration Solicitors

Lithuanian gangster deported from Britain, after European Court rejects final appeal (20 April 2015)

Date: 20/04/2015
Duncan Lewis, Immigration Solicitors, Lithuanian gangster deported from Britain, after European Court rejects final appeal

A Lithuanian gangster who has fought a five-year battle against deportation from the UK is due to be deported after judges at the European Court of Human Rights ruled his case “manifestly ill-founded”.

Kestutis Martuzevicius, 52, is wanted for 22 crimes in Lithuania and is accused of committing two murders, as well as robbery and extortion between 1993 and 1997, when he was a member of the notorious Daktarai gang.

He had pleaded that he was suffering from depression and sending him back to his home country would constitute a beach of his human rights.

The Daily Mail reports that after a warrant for his arrest was issued by Lithuanian police in June 2010, Martuzevicius claimed he was suffering from a mental health condition.

Martuzevicius arrived in Britain in 1996 and it is thought he claimed asylum.

He was arrested in London in June 2011 under a European Arrest Warrant and magistrates agreed to his extradition in October 2011.

He was detained in HMP Belmarsh prior to being deported.

But while in custody, he appealed to the High Court on the grounds he was depressed – and would face reprisals by criminals in his native country.

Martuzevicius claimed this would be a violation of Article 2 of the Human Rights Act – the right to life – as well as Article 3 – the right to avoid inhumane or degrading treatment or punishment.

However, judges in the UK ruled that his extradition would not be unjust because he could expect a fair trial in his home country – and the authorities there would protect him from retaliation from criminal gangs.

Martuzevicius then launched a new appeal with the European Court of Human Rights – and it is reported in court documents that in 2012, he was diagnosed as suffering from a mental health condition. A psychiatric report stated that he was seriously depressed – and was also suffering from a delusional disorder, with a risk he might take his own life.

In January 2014, he was admitted to Broadmoor – but by June he was returned to HMP Belmarsh after his condition improved.

He then appealed to theStrasbourg court under Article 3 and Article 6 of the European Convention on Human Rights – Article 6 guarantees the right to a fair trial. Martuzevicius said he had not been allowed to argue his ill health during extradition proceedings.

However, in a written ruling, a panel of EU judges led by court president Guido Raimondi said that Martuzevicius’s claim that extradition would breach his human rights was “inadmissible”.

“The court considers this complaint is manifestly ill-founded and must be rejected,” the Strasbourg court concluded.

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors can advise on a wide range of immigration matters including asylum in the UK and asylum appeals, as well as appeals against deportation from the UK under the Human Rights Act.

Duncan Lewis is a successful firm of Legal Aid immigration solicitors – and also has successful departments covering mental health, family and criminal law, which may be relevant to an applicant’s case in any appeal against deportation from the UK under the Human Rights Act.

For expert legal advice on UK immigration law – including appeals against deportation from the UK using human rights legislation – call Duncan Lewis immigration solicitors on 020 7923 4020.


For all Immigration related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.