THE WIKILEAKS CONUNDRUM — ONE SIZE CANNOT FIT ALL

Edmond Arapi, subject to a European Arrest Warrant for a crime he could not have committed

NEW STATESMAN - HELENA KENNEDY

The European Arrest Warrant can be a useful tool in fighting international organised crime, but in the Assange case it raises many questions about whether it is the right answert to urgent legal questions.

The European Arrest Warrant was invented to expedite the transfer of people wanted to stand trial or serve a sentence within the EU and partner European countries: the underlying principle is that even though the signatory countries have different legal systems, they all provide fair trial in accordance with human rights standards.

In one instance, the British courts ordered a man called Edmond Arapi to return to Italy to serve a 16-year sentence for murder - in a city he had never visited, and which took place on a day when he was at work in the UK.

Such is the managerial and technocratic approach of our courts that he was unable to produce overwhelming evidence showing he was innocent. British courts ordered Arapi's extradition, but luckily for him Italy finally withdrew its extradition demand on the last day of his appeal following a campaign by Fair Trials International. He was eventually released, but only after a period in jail away from his young family.