Romanian criminals are using a loophole to delay jail terms so they can get to Britain and then try to avoid extradition over the size of prison cells back home, it was revealed today.
One of the eastern European country’s most wanted men is now reportedly missing in the UK.
Anastasescu George Alin was allowed to fly to Britain even though he has been prosecuted over the deaths of 64 people at his Bucharest nightclub.
Anastasescu George Alin (pictured centre) was allowed to fly to Britain even though he has been prosecuted over the deaths of 64 people at his Bucharest nightclub
A smuggler even had his jail term deferred to attend a pigeon fancier fair here.
Cioanca Catalin was sentenced to 16 months in prison for a cigarette scam but a judge agreed to let him take his birds to Britain first and he hasn’t returned.
Members of organised crime syndicates, cash machine card cloners and other convicted criminals have done the same after telling the courts they had already booked to see family or go on holiday.
Some then get legal aid and argue they cannot be extradited because jail cells in their homeland are too small.
Anastasescu George Alin was allowed to fly to Britain even though he has been prosecuted over the deaths of 64 people at his Bucharest nightclub.
The 2015 blaze at Club Colectiv in the Romanian capital was one of the worst in the country’s history.
Cosmin-Ionut Bagarea, pictured, is one of two Romanian criminals who cannot be extradited out of the UK because ‘jail cells in his homeland are too small’
Fireworks set off during a band’s performance set alight the club’s flammable ceiling. 64 of the 400 people inside died – 147 more were injured in the fire and stampede.
The blaze even led to the resignation of the Prime Minister of Romania, Victor Ponta, amid claims of corruption with Alin and two other of the club’s owners have been prosecuted.
Yet Alin, who is accused of flouting fire safety rules, has been allowed to travel to Britain and is now missing, according to The Sun.
A legal source told the newspaper: ‘There are scores of criminals and suspects using the loophole. Courts in Romania allow it to happen.
‘Once given permission to fly to the UK, they know their lawyers will stop them being sent back.’
Other EU countries are also said to be suffering in the same way.
In June the Mail revealed two Romanian fugitives cannot be extradited because jail cells in their homeland are too small.
UK judges say the cramped conditions contravene rulings from the European Court of Human Rights.
The court insists prisoners must ordinarily be allowed ‘personal space’ of around three metres squared.
The Romanians face spending all or most of their sentence housed in a space of two metres squared.
Justices at the High Court in London want assurances that the men would have more space before they grant extradition requests.
Justices at the High Court in London, pictured, want assurances that the men would have more space before they grant extradition requests
The ruling this summer delayed the removal of the pair from Britain – hitting taxpayers with court costs and legal aid bills.
Lord Justice Irwin and Mr Justice Collins were told the Romanians – Ionel-Remus Grecu and Cosmin-Ionut Bagarea – would be sent to semi-open prisons.
The jails have smoking zones, unlocked areas for walking, phones and up to ten hours visiting a month.
Also on offer are educational and cultural facilities, social assistance and vocational training outside prison.
Grecu, 42, had fled to Britain to dodge serving a prison sentence for membership of a violent burglary gang.
Seven months after his arrest in February last year he lodged an appeal against an extradition order.
Bagarea, 39, was given a suspended prison sentence in January 2012 for growing cannabis.
He broke the terms of his sentence and fled to the UK where he was arrested last September. He is also appealing against extradition.
Court papers show both men would be moved to cells of two metres squared in Romania.
Lord Justice Irwin said lawyers for the two men argued the lack of personal space would breach Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment.
He said it would be ‘highly undesirable if extradition to Romania stalls’.
But he said the process had be put on hold to give the Romanian authorities a chance to guarantee three metres squared for the men.
He added: ‘The guarantee would need to be in clear terms, and terms which cover the whole of the anticipated terms of detention.’
The Romanians were represented by a QC specialising in extradition law.
Bagarea’s Hampshire-based half-brother said the fugitive had been granted legal aid to fight extradition.
George Munteanu also said the philosophy graduate had landed a job pending deportation proceedings.
‘Living in the UK has put him on the right path and changed his life,’ said Mr Munteanu, who came to Britain five years ago.
‘He has a job at Southampton port handling people’s luggage.
‘I think he has got legal aid. I don’t have money to help him and it is quite expensive. He came to the UK about three years ago and he likes it here. He has made a fresh start. I am sure he won’t want to go back to Romania.’