The EU Justice Ministers today welcomed the agreement reached last week in the Permanent Representatives Committee on the draft directive on the rights to interpretation and to translation in criminal proceedings. The text was negotiated in recent weeks between representatives of the Council, the European Parliament and the Commission.

The directive is based on an initiative taken by 13 Member States (Belgium, Germany, Estonia, Spain, France, Italy, Luxembourg, Hungary, Austria, Portugal, Romania, Finland and Sweden) further to an agreement that was unanimously reached by the Council in October 2009 in respect of a Commission proposal launched in July 2009. The text also takes account of a proposal that was submitted by the Commission in March of 2010.

Presse 160 – EC welcomes agreement enhancing procedural rights of suspected and accused persons in criminal proceedings

Mr R. Malewicz and Mr W.R. Jonk state in the newest edition of “Strafblad” that the position of the by extradition request claimed person has been weakened by rulings of the Higher Court and some practical problems in the extradition procedure. A more active role of the public prosecutor could offer more protection for the claimed person.

See for more information: page 113-1118
Mr R.Malewicz en Mr W.R.Jonk “De overleveringsprocedure : voldoende rechtsbescherming voor de opgeëiste persoon”

The European Court of Human Rights has refused to use its exceptional powers to protect Garry Mann from extradition to Portugal under a European Arrest Warrant. As a result, Garry will be extradited within the next few days if a final challenge in the UK courts fails. On hearing of the decision, Garry said: “The Portuguese and the British Crown Prosecution Service should not be embarrassed but ashamed of their actions … Whichever party gets into office they have to review the European Arrest Warrant. Too late for me and my family but maybe hope for the next English citizen faced by this nightmare.”

Garry is wanted to serve a 2 year sentence imposed following a trial in Portugal in 2004 previously described by a British court as “so unfair as to be incompatible with Garry’s right to a fair trial.” A British police officer who was present at the trial has described it as a “farce.” Garry has no right to appeal his conviction or sentence in Portugal. He would leave behind 6 children in the UK. In the most recent hearing in the UK, challenging Garry’s extradition, Lord Justice Moses called Garry’s case “an embarrassment” to both Portugal and the UK and stated he “cannot believe that anyone wants to see this man go to jail.”

Despite sustained criticism of Garry’s treatment, UK courts have failed to protect him from extradition and to consider material evidence that his extradition would amount to a flagrant denial of his right to a fair trial. In light of this, emergency applications were filed at the ECHR in March to request a stay of extradition until the Strasbourg Court has had a chance to fully examine the legality of his treatment by British and Portuguese courts. The Court’s refusal to do so means that his fair trial violations could go without redress.

Read more about the case of Garry Mann here

Earlier this month, the cross-party House of Commons Justice Select Committee, published its report “Justice Issues in Europe”. The report followed an inquiry lasting 12 months during which Fair Trials International gave written and oral evidence and provided materials from its own cases demonstrating the need for reform of the European Arrest Warrant and for EU cooperation to improve respect for defence rights.

Drawing on FTI’s evidence, the report concludes that successful use of the European Arrest Warrant had “been overshadowed by perceived injustices in individual cases”. Welcoming steps being taken to address the disproportionate use of the Warrant (over 13,500 were issued in 2008 alone), the Committee concluded that delay in reforming instruments like the Arrest Warrant could “undermine the mutual trust approach” in Europe. It also considered that: “If the European Evidence Warrant is revised or replaced, lessons should be learned from the operation of the European Arrest Warrant by incorporating safeguards into the legislation to minimise the potential for disproportionate use.”

The report also welcomed the European Union’s ”Roadmap” towards enforceable guarantees of procedural defence rights but expressed fear of potential setbacks ahead, particularly regarding measures giving suspects and defendants the right to immediate legal advice, funded by legal aid where necessary. It concluded “As the number of European arrest warrants is predicted to rise, there is a real risk that many more citizens will experience the dire consequences of the lack of adequate safeguards afforded to them when they find themselves caught up in European judicial processes.”

Justice issues in Europe – Seventh Report of Session 2009/10

The Netherlands Court concludes that Article 12 EC (the principle of non-discrimination) does not preclude the legislation of a Member State of execution under which the competent judicial authority of that State is to refuse to execute a European arrest warrant issued against one of its nationals with a view to the enforcement of a custodial sentence, whilst such a refusal is, in the case of a national of another Member State having a right of residence as a citizen of the Union, subject to the condition that the person has lawfully resided for a continuous period of five years in that Member State of execution.

Court of Justice of the European Communities – press release 86:09

A Belfast judge on Monday ordered the extradition to Spain of a former leader of Basque separatist group ETA to face a charge of justifying terrorism.

Jose Ignacio De Juana Chaos has seven days to appeal against the extradition, Judge Tom Burgess said.

De Juana, 54, is alleged to have committed the offence of “public justification of terrorist acts” in August 2008 at a gathering in San Sebastian, Spain, to mark his release from jail.

He had just served 21 years for his part in 25 murders during ETA’s campaign of violence.

The judge rejected claims by De Juana’s lawyers he would not be given a fair trial in Spain or that he could be tried for any offence other than detailed in the European arrest warrant under which he has been held in Belfast.

De Juana, who was leader of ETA’s Madrid commando, appeared in court in an orange T-shirt bearing the slogan in Spanish “Where is Jon?” — a reference to ETA member Jon Antza who disappeared in France last year and is feared dead by his colleagues. ETA is held responsible for the deaths of more than 800 people in its 40-year campaign to carve out an independent Basque state in northern Spain and southwestern France.

The Basque Country already has considerable political autonomy from Madrid and one of the leading members of ETA’s banned political wing Batasuna has called on the rebsl to lay down their arms.

ETA has had close links to the Irish Republican Army, which has disarmed.

Portuguese authorities said on Thursday they would extradite two suspected members of the militant Basque separatist group ETA to Spain.

The two men were held in northern Portugal on January 10 after fleeing a police check in Spain.

During the operation, the Spanish Civil Guard seized a van containing arms, weapons and explosives.

Portuguese officials held the two men, Garikoitz Garcia Arrieta and Iratxe Yanez Ortiz de Barron, in preventative custody in Lisbon on suspicion of terrorism, vehicle theft and falsifying documents.

A spokesman for the Court of Appeal in Lisbon told AFP on Thursday “the two suspected ETA members are going to be extradited”.

Madrid had issued a European arrest warrant for the pair.

Early this month police in the central Portuguese town of Obidos uncovered an ETA arms cache containing several hundred kilos of explosives.

Spain has expressed concerns that ETA may have moved its logistical operations to Portugal.

ETA is blamed for nearly 830 deaths in its 41-year armed struggle for independence for the Basque region of northern Spain and southwest France and is considered a terrorist organisation by the European Union and United States.

Amnesty International has expressed concern at the recent support given by European ministers to proposals that individuals should pay to file an application with the European Court of Human Rights.

While Amnesty International welcomed the commitment of Ministers to enhance protection of human rights in their countries, the organization said it is concerned at support expressed for measures that would impede people’s access to the Court.

Read more

Irene Sagel-Grande and Leo Toornvliet
Translated by Hans Warendorf

EuroMoS final report (shortened version) 2007

EuroMoS final report (full version) 2007