“Perhaps the most annoying thing about Julian Assange (yes, I know it’s a long list) is that he is in danger of giving the European Arrest Warrant (EAW) a good name. Maybe my memory is failing, but I don’t recall any of his supporters being critical of the EU’s fast-track extradition system when it was being debated 10 years ago.”
Philip Johnston, in today’s Daily Telegraph. It is an interesting point to make. Leaving aside Assange for a minute (there’s no need to hurry), the power of extradition creates an interesting point for those concerned about liberty and the importance of due process of law. Some extradition agreements between states might be acceptable if, for example, an offence for which a person is to be extradited to country B from A is recognised as a criminal offence in both nations. However, with the EU Arrest Warrant, you can be extradited into a country from another where the offence in question is not recognised in the place where the person happens to be staying at a particular point in time.
As we have seen with recent controversy about the UK’s extradition agreement with the United States, a person can be moved to the US – and vice versa – without a prima facie establishment of guilt having to be shown in the country where the person is being transferred from. Given the plea-bargaining lottery that the US adopts in certain cases, for example, this seems to involve serious abuse of due process.
These points need to be aired because, amid all the other issues kicked up by the Assange affair (the alleged sex crimes, the activities of Wikileaks, potential damage to military forces in the field, etc) the specifics of extradition principles can be obscured. Unlike some more isolationist types, I don’t have a problem with treaties between states to shift suspected criminals around to see that justice is done, provided there is a reciprocal recognition of the rules of procedure. For instance, there is simply no way that a country such as the UK should have such an arrangement with a state enforcing shariah law, say, or with a country such as Russia, which is a police state, or for that matter, Ecuador.