I welcome the Independent Extradition Review which in particular will put the current US-UK Extradition Treaty of 2003, the European Arrest Warrant and the more general EU Extradition arrangements under the Microscope, but will also cover Extradition Treaties with other Jurisdictions.
Starting off with the US-UK Extradition Treaty, which despite US Assertions that it fair, is probably one the most unbalanced negotiated by Britain in recent times, even the then Home Secretary David Blunkett (merely one of a long line of pretty useless Home Office Ministers) now admits he may have 'given too much to the Americans', NOT just an understatement, but 7 years late and an indication that David Blunkett should never have been Home Secretary (or indeed a Minister of the Crown in any capacity).
The trigger for putting the US-UK Treaty as a major element of the review appears to be the case of Gary McKinnon, who as far as I am concerned is one case where the Treaty has a value
(See: Extradite Gary McKinnon, no problem. But now let's fix the Extradition Treaty Posted 1st August 2009). But this Blog has been highlighting what I see as the failings of this treaty since 2006. See:
Whilst it is right that European Arrest Warrant is put under the Microscope, it is actually only part of a wider problem and this is the all encompassing EU Human Rights Legislation. Once again a pan-European Bill of Human rights is conceptually a good idea, but it terms and conditions are so aimed at the rights of the individual, they ignore the rights of society and indeed the rights of states to try Defendants according to their laws. See: Judge Determines Man is a Security Threat, but will NOT deport Him! This treaty does not need to be reviewed, Britain should withdraw from it immediately and replace it with a properly constructed UK Bill of Human Rights where the rights of the Individual and the rights of Society are balanced (Unfortunately my distrust of British Politicians has reached the point that I doubt they could actually construct such a bill).
The two threads of this post so far came together in the case of the extradition to the US on terror charges of radical cleric Abu Hamza al-Masri and three other men, which I covered in this post: How Dare the EU Block Abu Hamza US extradition on the 10th July 2010.
Even just reviewing the US-UK Extradition Treaty and the European Arrest Warrant would require considerable time, regardless of how qualified the Review Team might be. Adding in (quite rightly) other Extradition treaties and Arrangements means that the current Home Secretary's statement that this review will not report for a year is reasonable. But this statement is in itself unsatisfactory, as it doesn't address what needs to be done in the interim. My view is that the United Kingdom should suspend both the US-UK Treaty and the European Arrest Warrant and go further and withdraw Britain's acceptance of the Jurisdiction of the European Court of Human Rights until further notice.
With any decent Home Secretary this would actually resolve some issues with the USA as both Gary Mckinnon and Abu Hamza (and his associates) would be extradited anyway. But instead we have the permanently disappointed Theresa May (If only Dr John Reid had felt able to stay as Home Secretary, we would have at least a Home Office fit for purpose even if the current Home Secretary wasn't). Of course with the 'beloved Theresa' in charge nothing will happen!
Starting off with the US-UK Extradition Treaty, which despite US Assertions that it fair, is probably one the most unbalanced negotiated by Britain in recent times, even the then Home Secretary David Blunkett (merely one of a long line of pretty useless Home Office Ministers) now admits he may have 'given too much to the Americans', NOT just an understatement, but 7 years late and an indication that David Blunkett should never have been Home Secretary (or indeed a Minister of the Crown in any capacity).
The trigger for putting the US-UK Treaty as a major element of the review appears to be the case of Gary McKinnon, who as far as I am concerned is one case where the Treaty has a value
(See: Extradite Gary McKinnon, no problem. But now let's fix the Extradition Treaty Posted 1st August 2009). But this Blog has been highlighting what I see as the failings of this treaty since 2006. See:
- UK-US Extradition Treaty and Certain American Politicians Support for Terrorists 13th August 2006.
- The Natwest Three 29th 29th November 2007
- The Murder of Captain Nairac - Two Suspects still Safe in the USA 23rd May 2008
- Extradite Gary McKinnon, no problem. But now let's fix the Extradition Treaty 01st August 2008
- The Extradite Gary McKinnon Saga Continues 28th November 2009
Whilst it is right that European Arrest Warrant is put under the Microscope, it is actually only part of a wider problem and this is the all encompassing EU Human Rights Legislation. Once again a pan-European Bill of Human rights is conceptually a good idea, but it terms and conditions are so aimed at the rights of the individual, they ignore the rights of society and indeed the rights of states to try Defendants according to their laws. See: Judge Determines Man is a Security Threat, but will NOT deport Him! This treaty does not need to be reviewed, Britain should withdraw from it immediately and replace it with a properly constructed UK Bill of Human Rights where the rights of the Individual and the rights of Society are balanced (Unfortunately my distrust of British Politicians has reached the point that I doubt they could actually construct such a bill).
The two threads of this post so far came together in the case of the extradition to the US on terror charges of radical cleric Abu Hamza al-Masri and three other men, which I covered in this post: How Dare the EU Block Abu Hamza US extradition on the 10th July 2010.
Even just reviewing the US-UK Extradition Treaty and the European Arrest Warrant would require considerable time, regardless of how qualified the Review Team might be. Adding in (quite rightly) other Extradition treaties and Arrangements means that the current Home Secretary's statement that this review will not report for a year is reasonable. But this statement is in itself unsatisfactory, as it doesn't address what needs to be done in the interim. My view is that the United Kingdom should suspend both the US-UK Treaty and the European Arrest Warrant and go further and withdraw Britain's acceptance of the Jurisdiction of the European Court of Human Rights until further notice.
With any decent Home Secretary this would actually resolve some issues with the USA as both Gary Mckinnon and Abu Hamza (and his associates) would be extradited anyway. But instead we have the permanently disappointed Theresa May (If only Dr John Reid had felt able to stay as Home Secretary, we would have at least a Home Office fit for purpose even if the current Home Secretary wasn't). Of course with the 'beloved Theresa' in charge nothing will happen!
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