Burgas Appellate Court Confirms Extradition of Bulgarian to Belgium for Rape and Robbery

The Burgas Appellate Court upheld a decision allowing the extradition of a Bulgarian citizen to the Kingdom of Belgium to serve a prison sentence of eight years. The extradition is postponed until the person serves the sentence imposed by a verdict for crimes committed in Bulgaria.

A European Arrest Warrant was issued based on a decision of the First Instance Court of Antwerp. The man was convicted of three crimes committed on the territory of Belgium in 2022 - rape, accompanied by deprivation of liberty; assault on sexual inviolability under similar circumstances; and attempted burglary with violence and the use of technical means.

The European Arrest Warrant (EAW), issued by the Belgian authorities, meets the conditions provided for in the Bulgarian Law on Extradition and the European Arrest Warrant (ZEEZA). The District Court - Burgas allowed the execution of the EAW, postponing the extradition until the sentence under the Bulgarian verdict is served and imposed a measure of restraint "detention".

Before the appellate court, he appealed the district court's decision, requesting immediate extradition to Belgium, citing better conditions in Belgian prisons and the possibility of visits from relatives.

According to the appellate court, the appeal is unfounded. The court emphasizes in its decision that the accelerated procedure under ZEEZA, with the consent of the requested person for his extradition to the issuing state, cannot be applied because the person is already serving a sentence in Bulgaria.

Evidence was collected in the case that, with a verdict of the District Court - Burgas that has entered into force and has been implemented, the man was sentenced to imprisonment for a term of six years for crimes (robbery and indecency), different from those for which the EAW was issued.

The Appellate Court also upheld the measure of restraint "detention", which is to be considered taken from the moment of the actual serving of his sentence in the Republic of Bulgaria until his extradition to the competent authorities of the Kingdom of Belgium.

The decision is final and not subject to appeal.