Writing exclusively for PoliticsHome, Tory MP Dominic Raab says the UK should consider the 'nuclear option' of withdrawing from the flawed European Arrest Warrant
During his visit to Washington, David Cameron brushed aside the claims of ‘poodle’ that dogged Tony Blair, tackling head on the thorny question of extradition with President Obama. Welcome as that is, rough justice under the UK-US treaty is dwarfed by the scale of arbitrary fast-track extradition under the European Arrest Warrant (EAW).
Just ask Graham Mitchell, who faces extradition to Portugal for first degree murder, even though he was cleared of the crime by Portuguese judges 17 years ago - and the victim is still alive. So much for the double jeopardy rule, that you can’t be tried twice for the same offence, unless there is decisive new evidence.
Or take the case of Andrew Symeou, a British student, whisked off to Greece under an EAW for involvement in a fight at a night club that left another man dead - despite eye witness accounts that Symeou was not in the club at the time.
Fast-track EAW extradition is based on the assumption that standards of justice are adequate across Europe. These cases show that assumption as a fraud. In Andrew Symeou’s case, Greek police beat identical statements out of witnesses that were then retracted. Symeou spent nearly a year in foul prison conditions before receiving bail. He was abused by guards and witnessed another prisoner being beaten to death. The trial proceeded at a crawl, with translators who spoke little English. After a harrowing two year ordeal, he was cleared and left to re-build his shattered life.
These are not one-off cases, as Fair Trials International a group that supports the victims, attests. Between 2004 and 2011, 90 people were extradited from the UK to the US – including 27 UK nationals. Over the same period, 3,107 were extradited from Britain under EAWs – including 193 British citizens. The numbers are rising – we now cart off one UK citizen to face justice in Europe each week. Of course, many may be guilty and we need effective extradition to fight terrorism and organised crime. But, as the Mitchell, Symeou and many other cases highlight, this should not come at any price. The EAW’s broad net is swallowing up too many innocent people.
The US system is often criticised for its aggressive plea-bargaining. But it is not subject to the same level of endemic corruption and chronic incompetence that afflicts many European justice systems. The Baker review into extradition acknowledged the problem, but meekly urged the UK to work to improve penal conditions and standards of justice across the EU. Fine intentions, but we need action to protect our citizens now.
As for reciprocity, last year 2 people were extradited from the UK to the US for every 1 coming the other way. In contrast, we surrendered 9 to the EU for every 1 extradited back to Britain. If the US arrangements are lop-sided, what about the EAW?
The EAW needs to be re-negotiated. Easier said than done, but we have some negotiating leverage. We now receive a third of all European Arrest Warrants, so it would be a blow to the system if the UK withdrew from the arrangements altogether. That nuclear option is open to the UK, as part of Britain’s looming 2014 decision on whether to opt out of 130 EU crime and policing measures under the Lisbon Treaty. UK Ministers should be deploying the prospect of the ‘opt out’ to press for re-negotiation of the EAW in Brussels, so that it incorporates a modest list of basic safeguards to shield the innocent.
In December, the House of Commons unanimously backed reform of Britain’s US and EU extradition relations. We need to restore some balance to both.
Dominic Raab is the Conservative MP for Esher & Walton
