The surrender of a Pole is requested because he has yet to serve a prison sentence in Poland for narcotics trafficking....
The court took note of the letter dated July 12, 2017, from the Regional Court in Poznań, informing that it could not be established that the XTC pills mentioned in EAW (e)(C) contained the active substance MDMA, as the claimed person had swallowed the pills, before the pills could be analyzed.
Because the list fact "trafficking in narcotics and psychotropic substances" is checked, the court does not examine whether the facts are also punishable under Dutch law. There is no obvious contradiction between the list fact checked in the EAW and the description of the offenses for which the man was convicted in the EAW, and the surrender is granted also for the possession of the XTC pills.
An appeal to article 6, fifth paragraph OLW fails. The claimed person claims that he has been residing in the Netherlands since 2009, but cannot substantiate the duration nor the lawfulness of that residence. He has not registered in the Netherlands. He has used a false name at some point and has always worked undeclared. The reason for this was that the claimed person wanted to evade the prison sentence imposed in Poland because he would not be able to take care of his family in prison, he stated
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