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EXTRADITION EUROPEAN ARREST WARRANT This Leaflet Covers: • Information About Fair Trials International • Frequently Asked

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EXTRADITION EUROPEAN ARREST WARRANT This Leaflet Covers: • Information About Fair Trials International • Frequently Asked EXTRADITION EUROPEAN ARREST WARRANT This leaflet covers: Information about Fair Trials International Frequently Asked Questions The extradition process General advice on extradition It was last updated in February 2013 About Fair Trials International Since 1992 Fair Trial International has worked for the better protection of fair trial rights and defended the rights of people facing criminal charges in a country other than their own. Our vision is a world where every person’s right to a fair trial is respected, whatever their nationality, wherever they are accused. Fair Trials International was established to help people arrested outside their own country to defend their right to a fair trial. Every year we help hundreds of people and their families to navigate a foreign legal system by offering practical advice, including contacts of local lawyers; guidance on key issues encountered by people arrested abroad; and basic information on different legal systems and local sources of support. As a charity, we do not charge for any of the assistance that we provide. We believe that respect for fundamental rights and the rule of law are the hallmarks of a just society and that the right to a fair trial is at the heart of this. Sadly too many shocking cases of injustice demonstrate how, time and again, this most basic human right is being abused. We fight against injustice by lobbying for the legal reforms needed to ensure that the right to a fair trial is respected in practice. Working with our clients and international networks, we also campaign for changes to criminal justice laws which are being abused and overused. To find out more about how FTI can assist you, please contact our legal team (contact details on the back cover). 2 Fair Trials International – February 2013 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. Fair Trials International is a registered charity (No 1134586) and is registered with limited liability in England and Wales (No 7135273). We are a non- governmental organisation; as such, we are a wholly separate and independent organisation from the Foreign and Commonwealth Office. If you require this leaflet in large print, please contact us at the address on the back cover. 3 Fair Trials International – February 2013 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. FREQUENTLY ASKED QUESTIONS Please see below brief answers to some of the most commonly asked questions about the European Arrest Warrant. Note: There may also be an international arrest warrant that will allow for your arrest outside Europe. Q1. What is a European Arrest Warrant (EAW)? An EAW is a legal document authorising your arrest in connection with a crime and your transfer (“surrender”) to another country either to face trial or to serve a prison sentence. Q2. In what circumstances can an EAW be issued against me? An EAW can be issued against you if you have been charged with a criminal offence (carrying a maximum sentence of minimum 12 months imprisonment) in a European Union (EU) Member State1, and that State wants you to face trial there. It can also be issued if you have been tried and convicted in an EU Member State 1Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Note that there also is an agreement on surrenders between the EU and the Kingdom of Norway and Iceland. 4 Fair Trials International – February 2013 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. and that State wants you to serve your prison sentence (where it is a sentence of at least 4 months). Q3. What kind of offences can an EAW apply to? An EAW can be issued for a wide range of offences, from involvement in serious organised crime and terrorism to more minor offences like theft. In some cases you can be extradited even if the alleged activity is not a criminal offence in the country considering the extradition request. Q4. Can I find out whether there is an EAW against me? There is currently no straightforward system to find out whether there is an EAW against you. As the purpose of the warrant is to obtain your arrest, the police will not disclose this information to you in case you abscond. Q5. Can the judge or the Government stop my extradition? It is the Court’s decision whether to extradite you – the Government has no role in the decision. Although it is in practice very difficult to resist extradition, a court can refuse on the following grounds: o You are not the person named in the EAW or the EAW has not been properly completed; o You have already been convicted or acquitted by a court in another Member State in respect of the same offence; o In some countries, if an unreasonable period of time has passed since the events concerned; 5 Fair Trials International – February 2013 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. o The time limit for prosecuting you for the offence has expired; or o You have not reached the age of criminal responsibility under the national laws of the State from which your extradition is requested. Note that some countries may have additional grounds for refusing to execute a EAW .You should ask your lawyer to explain on what grounds you can resist extradition in your specific case. In principle, you should not be extradited if you can prove that your human rights have been or will be violated in the country seeking your extradition. It is, however, difficult in practice to resist extradition on this ground. If you fear that your human rights may be violated, you should share your concerns with your lawyer. Q6. The Court has decided not to extradite me, am I free to travel now? Once the court of one country has decided not to extradite you, you will not be subject to further arrest on the same EAW in that country. However, the country that requested your extradition will still be able to seek your extradition from other countries. Therefore, your name will still be on the Europe-wide police alert system, and you will be at risk of being arrested and extradited if you travel to another country. Although there is no straightforward system to obtain the removal of an EAW, you should ask your lawyer for specific advice in your case. 6 Fair Trials International – February 2013 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. Example: Germany seeks your extradition. You are arrested in Poland but the Polish court decides not to extradite you. You are safe to stay in Poland. However, if you decide to leave Poland and visit another country, you risk being arrested and facing a new extradition procedure. THE EXTRADITION PROCESS UNDER AN EAW The process that is followed will vary from country to country so you need to ask your lawyer (in the country where you are facing extradition) for details about the procedure. The following is an outline of the key features of the EAW process, which are common to all EU member states. Note: There may also be an international arrest warrant that will allow for your arrest outside Europe. Q1. If there is an EAW against me, will I get arrested by the police? Once there is an EAW against you, your name will be on the Europe-wide police database. You may then be arrested in any of the countries of the European Union. The police may contact you by telephoning your home and asking you to attend a local police station. They may also choose to visit you at a known address and serve the EAW on you there. Arrests commonly also take place when people cross a border or when they are stopped by the police for unrelated reasons (such as driving offences). 7 Fair Trials International – February 2013 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. It is important that you seek legal advice as soon as any of these things happen. Note that you have a right to be assisted by a lawyer, and an interpreter. Q2. Can I get legal advice? If I cannot afford to pay for a lawyer, will I get legal aid? When you are served with an EAW, you have a right to be assisted by a lawyer and by an interpreter. The rules governing free legal representation (i.e. legal aid) vary from country to country. You should ask your lawyer for information. Q3. Will I have to go to court? Shortly after your arrest, a judicial authority will hear you to: o Seek confirmation that you are the person named on the EAW; o Explain the reasons for your arrest under the EAW; o Explain to you that you may consent to return to the country which issued the EAW; o Determine the date upon which the extradition hearing will be held if you choose not to consent; and o Decide whether to keep you in custody until the extradition hearing or whether to grant bail.
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