Assange faces enforced leisure to ponder folly of a law passed in haste

Jacek Jaskolski wanted by Poland for going over his bank overdraft limit

National Times - Mary Kostakidis

As Julian Assange's extradition appeal begins today in London, the British government is considering a parliamentary review which recommended drastic changes to the European Arrest Warrant legislation. Widely regarded as a seriously flawed instrument, the extradition mechanism that will decide Assange's immediate future was agreed to immediately after September 11, 2001. Its purpose was to enable speedy prosecution across Europe of suspects wanted for terrorism and serious crime under a warrant that could be honoured with minimal scrutiny.

There are two serious problems with the way this law operates: the failure to protect the human rights of the accused, such as a guarantee of a fair trial; and its misuse. A vast number of warrants have been issued, predominantly to prosecute trivial offences or matters that would be regarded as civil matters in Britain.

A British resident, Jacek Jaskolski, successfully defended a warrant issued by Poland for exceeding his overdraft limit, but the warrant has not been withdrawn, limiting his ability to visit other European countries without fear of arrest.

The human rights group Fair Trials International says there are many cases in which serious injustices have resulted, such as people serving prison sentences after an unfair trial or being held in detention for years before they can appear before a court to establish their innocence.

A British citizen, Andrew Symeou, was extradited to Greece in 2009 and charged with manslaughter over the death of a man two years earlier. Despite compelling evidence of mistaken identity and the retraction of statements by witnesses who alleged police intimidation, Symeou remained in jail for 11 months before he was released on bail and bound to remain in Greece awaiting his trial. Two weeks ago, after a four-year ordeal, he was acquitted by a jury, his parents having spent their savings to support his case in the intervening years. The prosecutor himself recommended Symeou be acquitted.