JUSTICE IN EUROPE
In the last decade, the European Union has changed the face of criminal justice in Europe. Each year thousands of people are transferred under Europe’s new fast-track extradition system (the “European Arrest Warrant”) to face trials or serve prison sentences in a foreign country. Police and courts from different countries now hold and exchange ever greater amounts of evidence and criminal records data.
This kind of EU cooperation can help in the fight against crime, making it easier to bring the guilty to justice. But cooperation must not be at the expense of fundamental justice and fairness. At Fair Trials International we believe that respect for the rule of law should be at the heart of European cooperation. Europe should work together to improve basic fair trial rights - not undermine them.
Sadly, our own casework repeatedly demonstrates the human cost of existing cooperation measures. Under the European Arrest Warrant, for example, people from all across Europe are being sent to other EU member states for the most minor offences, or to serve prison sentences imposed after unfair trials. As about half of our cases concern Europe, we also have compelling evidence of the need to improve fair trial rights across the Union. It is hugely disappointing that, to date, the UK and a minority of other states have vetoed efforts to improve standards of justice, choosing instead to trust other European legal systems to deliver justice – a trust that is sometimes misguided.
Drawing on the real-life examples of injustice that we encounter at Fair Trials International, we will campaign for Justice in Europe. To start with, we will fight for the European Arrest Warrant to be improved so it delivers rather than undermines justice (See below). Under the “Justice in Europe” umbrella, we will then focus on a number of other areas where mutual cooperation without proper safeguards will continue to cause injustice. We will scrutinise other upcoming EU cooperation measures, to ensure they respect basic rights. Where they do not, we will campaign for reform. Alongside this, we will support European efforts to protect basic defence rights, the necessary building blocks of the mutual trust that underlies European cooperation.
Further reading
- Notes from the campaign launch in Brussels.
- Letter to Jack Straw urging his support in ensuring fair trial rights throughout the EU.
- Briefing on Procedural rights to the EU Justice and Home Affairs Council Working Group calling for binding legislation at EU level to protect fundamental rights to a fair trial.
- Press release on Michael Shields urging the Justice Minister to rethink his initial decision to provisionally refuse to pardon Michael Shields.
- Letter to the editor published in Independent outlining how the case of Michael Shields is symptomatic of broader problems within the EU criminal justice system.
- Submission to the UK Ministry of Justice on the opportunities of the Stockholm Programme in improving defence rights throughout the EU, and reforming the European Arrest Warrant to prevent continuing injustice.
- Submission to the House of Lords advising on a recent EU proposal to guarantee suspects and defendants the right to interpretation and translation facilities.
- Submission to the House of Commons Select Committee on the justice issues in Europe.
Justice in Europe: The Arrest Warrant
In 2002 the European Union created the European Arrest Warrant, a fast-track system for surrendering people from one European country to another to face trial or serve a prison sentence. It was rushed in as part of the EU’s response to the terrorist threat and was meant to help tackle serious cross-border crime more effectively. The new system has removed all political discretion in extradition decisions, done away with the traditional legal barriers to extradition and made transfers much quicker. It has already been used to transfer thousands of individuals.
Although it was intended to deliver justice, the current system is actually resulting in cases of serious injustice:
- Warrants have been used to send people to the other side of Europe for the most minor offences.
- Warrants have been issued many years after an alleged offence was committed - in one of our cases, 20 years later.
- Once Warrants have been issued there is no effective way of removing them, even after extradition has been refused.
- They have been used to send people to another EU member state to serve a prison sentence resulting from an unfair trial.
- Warrants have been used to force a person to face trial when the charges are based on evidence obtained from police brutality.
- Sometimes people will have to spend months or even years in detention before they appear in court to establish their innocence.
Fair Trials International wants a fair system of extradition within Europe. The current system must be improved so it delivers rather than undermines justice. We will highlight compelling cases of injustice to prove change is needed. We will challenge inappropriate uses of the Warrant in the courts. We will lobby politicians to change to the laws that created the Warrant.
Further reading
- Case studies outling several injustices that have occured under the European arrest warrant.
- Spotlight on Deborah Dark giving details on how she is being pursued by the French authorities who want her to serve a prison sentence following a twenty-year old conviction she knew nothing about.
- Spotlight on Andrew Symeou giving details on how he has been extradited to Greece to face trial, based on evidence obtained through police brutality.
- Spotlight on Garry Mann giving details on Portugal’s request for Garry's extradition under a European Arrest Warrant, following a trial already deemed by a British court to have breached basic standards of fairness.
- Case summary of Peter Tabbers demonstrating how difficult it is to have the Arrest Warrant removed once it has been issued - even in cases of mistaken identity.
- Legal Experts Advisory Panel Communiqué discussing injustices arising as a result of the European Arrest Warrant, and outlining actions urgently needed to address these.
- FTI’s Submission to the European Union Justice and Home Affairs Committee outlining the need to reform the Arrest Warrant.
- Article appearing in ‘Juriste International’ written by FTI caseworker Priscillia deCorson, discussing several FTI cases where the European Arrest Warrant has led to injustice and making recommendations for change.