Thursday, 18 September 2008

A (re)move too far!

In a proposal which would indicate the ultimate statehood of the European Union, the European Parliament this week adopted an EU proposal that would allow citizens to be extradited automatically to another EU country having been convicted in a foreign court in their absence.


This is apparently a refinement to the controversial European Arrest Warrant system, whereby Britons could suddenly find themselves arrested and deported and imprisoned without even knowing with that they had been charged. (There is a condition that the foreign Government must inform the citizen of the impending trial, but he or she does not have to be told in person.)There would be no need to present prima facie evidence in this country. The trial could have concluded, and British courts would be powerless to protect us.

The impetus is not onlyto further the objective of "Europe" as a nation, among many others which have concerned us over the years. It is also in part a response to the growing security threat posed by international terrorism.

There are some countries which to some agree permit trial in absentia, but Britain will have been added to that number.

Worse still, the range of 32 crimes which could be encompassed would not only include very serious crimes such as rape or murder, but also even "crimes" such as "xenophobia" which is not recognised as a crime in the UK, and probably in the future if not not now "holocaust denial".

Shadow Home Secretary Dominic Grieve, has described the proposal as being "incompatible with the principles of British justice." Jack Straw has given backing to it as a way of improving mutual trust among the 27 EU countries.

A number of criminal bar associations and other bodies have registered objections as removing the fundamental rights of the accused, - to hear what he is accused of, to enter a defence and to be represented by a counsel of his choice. There is also anxiety that Greece will make most use of the provision, and other states where justice systems are widely regarded as corrupt.

It is not into law yet. National Governments have to give final approval later this year. As Jack Straw has given the sorry mess his seal of approval, don't hold your breath in hope!

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