EuroMoS

What does EuroMoS do and why?

EuroMoS monitors the implementation of the EU-regulation in the field of ‘surrender’ of citizens within the Member States of the EU and compliance with human rights within such framework.

What is surrender?

What is surrender? When a person is surrendered by the domestic judicial authorities to the authorities of another EU- Member State within the framework of a criminal investigation against such person or for the imposition of a prison sentence or measure in such a Member State, such extradition is called ‘surrender’. For instance, a request by the German judicial authorities for the surrender of a German bank robber, who has fled to the Netherlands and is held in detention in the Netherlands.

What does EuroMos monitor?

Since 2002 the European Union has a European Arrest Warrant, to be referred to as the ‘EAW’. This EAW regulates the recognition by EU-Member States of their respective arrest warrants. When Germany issues an arrest warrant against a person who has his abode in the Netherlands, the Netherlands will recognise such an arrest warrant without a further extensive examination of the provisions of such a warrant. This is based on the principle of mutual confidence amongst that Member States. The object of the EAW is to expedite surrender proceedings.

The surrender of persons to another Member State is not to be taken lightly. Suppose that you are held to be a suspect of fraud, rightly or wrongly, and you are surrendered to Germany or even further away, to Greece, Poland or Estland.

Detention in a prison cell abroad is often far different from being in prison in the Netherlands, not only where the amenities are concerned. When you are in a cell abroad you will encounter numerous problems, for instance you do not speak the language, it is far more difficult for. your partner, relatives, friends or a lawyer to visit you. You will also often have to wait longer for commencement of your case because the procedure in the country where you are detained will be far slower than in the Netherlands.

Because surrender will have such serious consequences there are rules to ensure that the human rights will not be violated in the case of surrender to another Member State.
EuroMoS monitors compliance with such rules and will monitor whether such rules are complied with in practice and provide sufficient protection to the persons who are surrendered.

Why does EuroMoS wish to ‘monitor’ whether in practice the rules are complied with and whether these provide sufficient protection?

Why does EuroMoS consider it necessary to monitor and examine whether compliance of the rules on surrender are complied with? Is this not first of all a task for the European Union?

In fact, the monitoring and examination as to compliance with such rules is a responsibility of the European Union. When we look at the evaluation by the European Commission it would seem that the EAW and the surrender procedures are a great success and that human rights are duly respected. Nevertheless it has become clear to EuroMoS and other organisations which engage in investigation that, in practice , things are not always so rosy as sketched by the European Commission in its evaluation. This also appears from the stories published by media which you can find in the newsroom.

EuroMoS considers this unacceptable. Due respect of human rights is not a negligible matter. One must look critically at the EAW and the surrender procedure.

How does EuroMos wish to monitor?

EuroMoS tries to do this amongst other means by making inquiries with persons who are detained in and surrendered to other Member States than their home state. EuroMoS also tries to find out more by interviewing (court)interpreters, defence counsel and judges, warders and others involved in the surrender procedure so as to establish how things are in practice.

The Board of EuroMoS consists both of persons who are involved on a daily basis in the surrender practice and academics with expertise in respect of surrender and human rights.

How does EuroMoS finance its activities?

EuroMoS finances its activities from private gifts. As a foundation EuroMoS is a non-profit organisation and until now has tried to finance its research from donations. As its budget is limited it has to be selective on what it can do , which is not easy because the importance of human rights is difficult to express in money while EuroMoS prefers in-depth research.