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The Human Rights Implications of UK Extradition Policy

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JOINT COMMITTEE ON HUMAN RIGHTS Human Rights Implications of UK Extradition Policy Written Evidence Contents Written Evidence submitted by Fair Trials International (EXT 1) ............................. 3 Written Evidence submitted by The Freedom Association (EXT 2) ..................... 24 Written Evidence submitted by an individual who wishes to remain anonymous (EXT 3) ..................................................................................................... 45 Additional Written Evidence submitted by an individual who wishes to remain anonymous (EXT 3A) .................................................................................................. 59 Further Additional Written Evidence submitted by an individual who wishes to remain anonymous (EXT 15) ..................................................................................... 64 Written Evidence submitted by Professor Monica Lugato, Faculty of Law, LUMSA University of Rome (EXT 4) ............................................................................ 72 Written Evidence submitted by the Immigration Law Practitioners’ Association (EXT 5) ........................................................................................................................... 75 Written Evidence submitted by Liberty (EXT 6) ...................................................... 91 Letter submitted to the Chair of the Committee by David Bermingham (EXT 7) ..................................................................................................................................... 126 Written Evidence submitted by the Redress Trust (REDRESS) (EXT 8) ................ 128 Letter submitted to the Joint Committee on Human Rights from the Law Society (EXT 9) ........................................................................................................... 135 Statement submitted by Mr Mark Turner, father of Michael Turner (EXT 10) ... 136 Written Evidence submitted by the Crown Prosecution Service (EXT 12) ....... 137 Written Evidence submitted by Mr Harvey A Silverglate (EXT 13) ..................... 143 Letter from the Chair, to Rt Hon Kenneth Clarke QC MP, Secretary of State for Justice and Lord Chancellor (EXT 16) .................................................................... 160 Written Evidence submitted by Crown Prosecution Service (EXT 17) .............. 162 Additional Written Evidence submitted by the Crown Prosecution Service (EXT 17A) ............................................................................................................................ 168 Letter submitted to the Committee Chair by David Bermingham (EXT 19) .... 172 Written Evidence submitted by JUSTICE (EXT 20) ................................................. 175 Letter submitted to the Committee Chair by Stephen Parkinson (EXT 21) ...... 178 Letter submitted to the Committee Chair by Michael Hann (EXT 22) ............. 180 Written Evidence submitted by Fair Trials International (EXT 1) Additional Written Evidence submitted by Liberty (EXT 24) ............................... 182 Additional Written Evidence submitted by Fair Trials International (EXT 25) .... 187 Letter submitted to the Committee Chair, by Rt Hon Kenneth Clarke QC MP, Lord Chancellor and Secretary of State for Justice (EXT 026) ........................... 200 Written Evidence submitted by John Hardy QC (EXT 28) .................................. 204 Further letter submitted to the Committee Chair by Mr Michael Hann (EXT 29) ..................................................................................................................................... 211 Additional Written Evidence submitted by Charlotte Powell, Furnival Chambers (EXT 30) ................................................................................................... 212 Letter to the Chair, from Damian Green MP, Minister for Immigration, Home Office (EXT 32) ........................................................................................................... 217 2 Written Evidence submitted by Fair Trials International (EXT 1) Written Evidence submitted by Fair Trials International (EXT 1) Introduction 1. Fair Trials International (“FTI”) welcomes this opportunity to present its views on the European Arrest Warrant (“EAW”) and the European Investigation Order (“EIO”) to the Joint Committee on Human Rights. The last decade has seen the European Union place unprecedented emphasis on increasing and improving the cooperation between EU Member States in criminal justice matters. Unfortunately, fundamental rights have been largely ignored in the process. Traditional safeguards and checks have been stripped away in an effort to streamline procedure in the fight against cross-border crime and create an “area of justice, freedom and security” within Europe. 2. Over 500 million people live in the EU and of these, 8 million live in a Member State other than their own. The right to freedom of movement between EU countries means that national boundaries no longer pose a significant obstacle to criminals. While FTI recognises that judicial and police cooperation is essential in order to tackle cross-border crime, we do not believe that this should be done at the expense of basic human rights. 3. The 9/11 attacks and the subsequent atrocities in London and Madrid acted as a catalyst for new EU laws designed to enhance cross-border cooperation between the police and the courts of different Member States. The EAW, the procedure for fast-track extradition between EU States, was the flagship measure. Now the EU is negotiating similar legislation to facilitate cross-border investigations and evidence-sharing in criminal cases: the EIO. 4. The cross-border cooperation which the EAW and the EIO represent is based on the principle of “mutual recognition”. Mutual recognition means that if one EU country makes a decision (for example that a person must be extradited to face a criminal trial or serve a sentence, or that evidence or assets should be frozen) that decision will be respected and applied throughout the EU, no questions asked. This philosophy is based on mutual trust in the ability of all EU Member States to deliver justice and uphold human rights. Unfortunately, the foundations for that trust are not yet in place. 5. Standards of justice vary greatly from one EU country to another and human rights do not receive the same respect in every Member State. Unfortunately, this reality has largely been ignored in the push for ever greater mutual recognition and cross-border cooperation. Defence rights have been sidelined, not strengthened, in the name of greater cooperation, and blind faith in the criminal justice systems of our EU neighbours has led to many cases of injustice. 3 Written Evidence submitted by Fair Trials International (EXT 1) 6. This submission examines the impact of mutual recognition on fundamental rights, specifically the effect of the EAW and the potential effect of the EIO. Section A of the submission deals with the EAW and Section B with the EIO. Section A: The European Arrest Warrant 7. Given the impact which extradition can have on the fundamental rights of the individuals involved, we are delighted that the Committee has decided to look at the human rights implications of the UK’s extradition arrangements. The Committee’s inquiry will make a valuable contribution to the Government’s review of extradition. FTI has submitted a detailed report to the Extradition Review Panel which sets out specific legislative amendments to the Extradition Act and the EU Framework Decision on the EAW (a copy of this report is attached to this submission: it can also be downloaded by clicking here). These suggested reforms are briefly summarised at paragraphs 15ff (below). 8. Although we recognise that the Committee’s inquiry will also consider the UK’s extradition arrangements with the United States, we have decided to focus on the operation of the EAW. Although the EAW accounts for the vast majority of the extraditions from the UK, it has received far less public and political attention than UK-US extradition. Figures from 2009 show that since 2003, 63 people were extradited to the US from the UK1, while in 2009/10 alone 699 people were extradited from the UK to other EU member states under the EAW. 9. The benefits of a streamlined system must be weighed against the heavy toll that extradition proceedings take on individuals. FTI’s casework team deals with numerous EAW cases each year. These cases provide a unique insight into the human costs of this fast-track extradition system. Summaries of a selection of these cases are annexed. FTI’s experience of EAW cases clearly demonstrates that the EAW is not operating “efficiently and in the interests of justice”.2 10. The surrender of individuals between States clearly has significant human rights implications, potentially engaging the right to protection from inhuman or degrading treatment (Article 3 of the European Convention on Human Rights (“ECHR”)), the right to liberty and security (Article 5 ECHR), the right to a fair trial (Article 6 ECHR), and the right to respect for private and family life (Article 8 ECHR). To the extent that many of those wanted under EAWs are 1 Source: response to a written Parliamentary Question by Paul Holmes, HC Deb 27 January 2009 c287W 2 Written ministerial statement by the Secretary of State for the Home Office, Rt Hon Theresa May MP, Wednesday 8 September 2010, announcing the purpose and scope of the Government’s extradition review 4 Written
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