Hope To The End........................... EU Index
EAW European Arrest Warrant --- Extraditions
in 48 hours
extraordinary Rendition ; M L A --Mutual Legal Assistance
EuroJust ( Franco Frattini, Home Affairs )
"But none of these move me, neither count I my life dear unto myself,
so that I might finish my course with joy, and the ministry,
which I have received of the Lord Jesus, to testify the Gospel of the grace of God."
American- Christians eventually be subject to European Courts ?
European Arrest Warrant ( EAW )
and Mutual Legal Assistance Agreement ( MLAA ) = EU , US Treaties
Terror Chief: Gijs de Vries
We've heard all kinds of allegations," the official, Gijs de Vries, said before a packed Chamber of Deputies. "It does not appear to be proven beyond reasonable doubt."
[Craig] Murray, who has been criticized by Foreign Secretary Jack Straw of Britain for breaching diplomatic protocol, has written an account of his experiences called "Murder in Samarkand" that is to be made into a film by the British director Michael Winterbottom. Murray said that Washington and London used intelligence extracted by torture in countries ranging from Syria to Morocco, but that American and European officials did not conduct the torture themselves
In January, Dick Marty, a Swiss investigator for the Council of Europe, a human rights watchdog organization, said there was evidence that the United States was engaged in a system of "outsourcing of torture." But he, too, did not offer irrefutable proof of clandestine CIA prisons in Europe. He said it was "highly unlikely" that European governments or their intelligence services were not aware of a system of "relocation" or "outsourcing of torture"
EuroJust "college" http://www.eurojust.eu.int/
EuroJust ( EU Prosecution) The Hague, Netherlands
"Eurojust is widely seen as the cornerstone for a single European prosecution office, which would have powers to initiate and proceed with the investigation of serious cross-border crimes."
[ Ed: any nation outside the EU ; a global public prosecution office ]
Strengthening the power of EuroJust
Ed: first, member states; then other border-crossings ?
"In particular, it lists initiating criminal procedures in the home state of the national member: setting up and participating in joint investigation teams and executing specific investigative measures" ( Franco Frattini )
Similarly, the Eurojust college should be able to decide on conflicts of jurisdiction and conflicts in the area of application, to initiate an investigation in a member state and suggest prosecution on its territory and to initiate a European investigation, in particular regarding crime against the financial interest of the union
Single prosecutor for Europe at EuroJust ( Hague) -- "Reform Treaty "
EU home affairs commissioner Franco Frattini is set to pave the way to a single European prosecutor who would have powers to initiate and proceed with the investigation of serious cross-border crimes.
strengthening Eurojust, the bloc's judicial body and seen as the key-stone for a single European prosecution office.
Reform Treaty : "will scrap national governments' exclusive control over sensitive matters of justice and home affairs in favour of the so-called qualified majority voting system"
UK: "the Prüm Treaty, a data-sharing agreement that would allow EU states to give one another automatic access to genetic records, fingerprints and traffic offences"
Europe is a legal jungle. It has national law and EU law, and a range of courts to enforce them.
Roman law and the Napoleonic code jostle with British common law.
Interpol, Europol, and Eurojust are already in existence, and the European arrest warrant may not be far away.
Mutual Legal Assistance
MLAA Extradition exchange between countries
Ed: Usurpation of U.S. sovereignty in criminal matters
Meanwhile, Attorney General John Ashcroft recently signed two low-publicity multilateral agreements with the European Union, or EU, on June 25. Known as the Extradition and Mutual Legal Assistance agreements, they purport to provide a coherent, unified framework for extradition between the United States and every state in the European Union, primarily for the purposes of facilitating "counterterrorism cooperation."
These treaties received very little attention in the U.S.
media, but they are by far the most extensive and
far-reaching agreements of their kind to which the United States
ever has bound itself.
According to a government insider, the aim of the Extradition Agreement is to supplement all existing bilateral extradition treaties to which the United States was a party with various EU member states prior to June 25. It still includes the dual-criminality clause and Article 10 of the treaty, which places U.S. extradition requests on an equal plane with a borderless European Arrest Warrant.
"They know darned well there's a major sovereignty giveaway, and they don't want it to go public," said author
Joel Skousen, an international security authority and editor of World Affairs Brief.
Why wouldn't U.S. officials want to publicize the Mutual Legal Assistance Agreement, or MLAA? Because it grants broad and heretofore nonexistent powers over U.S. residents to EU member states, Skousen says.
For example, under Article 4 of the MLAA, any EU member state may call on the United States to provide complete U.S. financial records of any "identified natural or legal person suspected of or charged with a criminal offense" and the United States must comply.
Treaty opponents say this could have consequences of immense proportions to many U.S. organizations that routinely engage in activities protected by the U.S. Constitution but considered illegal by many EU member states. They note that hate speech [ Editor's note: EU term for 'Biblical Christianity' ] is illegal throughout the EU. Therefore, U.S. organizations or individuals that broadcast or advertise in the EU are subject to having their entire financial histories provided by the U.S. [ Ed. note: in other words--- under criminal investigation ]
Never mind that European hate-speech law includes matters most Americans regard as constitutionally protected. Some high-ranking European officials have made no secret of the fact that they consider religiously based opposition to abortion to be hate speech. For instance, Poul Nielson, the European commissioner for overseas development and humanitarian aid, labeled anti-abortion Christians "extremists" who hold "extreme views on religion and sexuality."
Furthermore, application of the MLAA may be broadened after signing. If EU and U.S. laws continue to diverge, EU member states nonetheless will be able to demand sensitive financial records of other individuals and groups even when their actions are protected under U.S. law.
It remains unclear why dual illegality was not written into the MLAA, as the U.S. government insisted that such a clause be retained in the Extradition Agreement precisely to avoid usurpation of U.S. sovereignty in criminal matters. Nor has the U.S. government explained why provisions of the agreements apply to nonterrorist activities when counterterrorism is given as the need for the agreement.
Ashcroft signs treaties on 1.extradition and
2. mutual legal assistance
WASHINGTON, June 25 (AFP) - The United States and the European Union signed an extradition treaty Wednesday at a summit aimed to boost cooperation in the fight against terrorism and in bringing suspects swiftly to trial.
US Attorney General John Ashcroft and Greek Justice Minister Philippos Petsalnikos, representing the EU, signed the treaty as well as a second accord on broader legal cooperation between the parties.
"Both [ note:
door swings both ways] the United States and the EU
are threatened by global terror. And we are determined to defeat
it," US President George W. Bush told reporters, with EU
leaders on hand.
"Today, we have signed new agreements to increase our legal cooperation in the war on terror and to speed the extradition of terrorists. Under these agreements, we will form joint investigative teams and share information on suspect bank accounts and expand the range of offenses that qualify for extradition," Bush said.
Ashcroft said the treaties "will give us additional tools to combat terrorism, organized crime, and other serious forms of criminality." (note: ambiguous terminology)
The treaty, outlined in a document that does not explicitly mention the fight against terrorism, comes as part of the two blocs' desire "to combat crime in a more effective way as a means of protecting our respective democratic societies and our common values." [note: door swings both ways . Will this eventually be used against Bible-believing Christians ? We think so.]
The agreement guarantees for a suspect "the right to a fair trial including the "right to adjudication by an impartial tribunal established pursuant to law."
US TO ILLEGALLY YIELD
SOVEREIGNTY OVER EXTRADITION RIGHTS TO EU
Extradition treaties between nations are an important feature of national sovereignty.When a crime is alleged to have been committed by an American in a foreign country, the offended country must obtain permission from the US to arrest the American and transport him, if necessary, back to the foreign nation for trial.This adds a level of protection for Americans, as our own court system has the opportunity to rule on the preliminary evidence and also intervene if the prospect for a just outcome for the accused citizen is unlikely. During the Cold War, few Americans were yielded up to the Soviet authorities for trial due to the Soviet Unions record of sham trials and denial of commonly accepted civil rights.
This week, European sources have announced that the
US will sign two accords with the EU at the planned EU-US summit
meeting on June 25 in Washington,DC: the European Arrest
Warrant (EAW) and the Mutual Legal Assistance accord
(MLA).By signing on to the EAW and the MLA, the US claims to have
more power to gain access to private records on Europeans as well
as arrest terrorists overseas without having
to present classified evidence in an extradition hearing.Despite
the references to prosecuting terrorism, the language actually
applies to all serious crime including organized crime,
terrorism and financial crime. The skys the limit.
These accords carry dangerous implications for citizens rights, both in Europe and the US The reason is that the arrest warrant agreement runs both ways. Naturally the EU is not going to wave its rights to hold hearings on US extradition requests without getting the reciprocal right to march into America and arrest US citizens on one of the many bizarre charges now commonplace in European courts. American Christian broadcasters, for instance, will now have to pay special attention to EU hate crime laws that have been used in Europe and Britain to sanction ministers who quote Biblical verses to document homosexuality as a violation of Gods law.
Poul Nielson, the European Commissioner for Overseas Development and Humanitarian Aid, describes anti-abortion Christians as a small group of extremists.
Elaborating, he went on to say that anti-choice groups are powerful, well-funded and determined They hold extreme views on religion and sexualitymeaning, of course, that they are anti-abortion and anti-homosexuality. These are the kinds of prosecutors in Europe who would love come after American Christians.
As a further example, American anti-war or anti-globalist protestors at a G8 meeting might well find themselves greeted at the door of their home by a couple of Europol agents (the new Interpol-type police of the EU) with a European arrest warrant in hand.
They wont be read any rights or given the chance to call a lawyer, but will be whisked out of the country without an extradition hearing.
Or worse still, they might find themselves arrested in any EU location, and subsequently tried and imprisoned without any appeal to US justice at all, given the new EU provision stating that accused persons can be tried in absentia and forced to serve their prison sentence in the country where they are found.
The move to yield sovereignty rights in exchange for
arrest powers overseas is hardly surprising, given the Bush
administrations rapacious appetite for powers to surveil
its own citizens in the name of fighting terrorism.
Despite all the uproar among informed citizens over the USA PATRIOT Act and the devious manner in which it was rammed through Congress without hearings, Attorney General John Ashcroft ... [came] before Congress this week demanding still more powers in the name of fighting terrorism.
The expansion of powers called for, including enforcement of the death penalty in terrorism cases, show ominous similarities to the draft of the Patriot II Act which was leaked out earlier this year and then vehemently refuted by the Justice Department.....
It is clear to many that America is being set up for
a wholesale revision of its traditional legal system based on
The quiet signing away of our right to extradition hearings is simply another part of the processboiling the frog slowly so that _ _ death creeps up on him unawares.
World Affairs Brief June 13, 2003 Copyright Joel Skousen. Partial quotations with attribution permitted. Cite source as Joel Skousens World Affairs Brief (http://www.JoelSkousen.com).
EU - US ...Two agreements to be signed... bilateral ?
1. EAW -- European Arrest Warrant.... extradition of citizens
2. Mutual Legal Assistance
a. joint investigative teams
b. sharing of evidence
c. networking within all criminal-justice bureaus and departments
To be signed in Washington D.C. June 25, 2003
Note: In this article the EU demands "guarantees" of which (if you read closely) there are none.
Networking in the name of terrorism
We also agree on protecting our own people from terrorism. We have greatly expanded our cooperation on freezing terrorist funds and helping developing countries protect their own financial systems. The newly negotiated U.S.-EU Extradition and Mutual Legal Assistance treaties will give our courts and prosecutors additional tools for cooperative efforts against terrorist and other dangerous criminals. We have taken important steps in police cooperation through signing of the EUROPOL [European Police Office] and EUROPOL data privacy agreements.
First, we need to listen to each other and seek ways to accommodate each other's legitimate interests. Europeans cannot build a strong and united continent by choosing policies simply because they are different from U.S. approaches. As the history of the Atlantik Bruecke and the ACG makes clear, one can be a good European and a good transatlanticist at the same time.
Second, we need to find ways to share credit and to demonstrate to critical audiences on both sides of the Atlantic the benefits of our relationship.
Third, we need to talk about issues early, before positions are locked in. We must have a relationship based on trust.....
A strong united Europe is in the U.S. interest.
EU - US Judicial Cooperation ( Mutual Legal Assistance)
No extradition necessary between member states
EU leaders have agreed on what to do when competing requests are made between EU states themselves. In this case the European Arrest Warrant will apply.
The Warrant, agreed in December 2001 by the EU states and coming into force in January 2004, will eliminate national frontiers. Extradition will not now be necessary between one EU state and another.
The US is requesting the same privilege as the EU states.
EAW European Extradition Agreement...Article 13 refers to the Death Penalty
" France [ God-less Valery G d'E.] wants the inclusion in the agreement of Article 6.2 in the EU Treaty, which binds EU states to respect fundamental rights. France's request could impede a US demand for extradition."
The draft EU-US agreement also covers Mutual Legal Assistance, and it ranges from co-operation on exchange of banking information to joint investigative teams
Bush's remarks on extradition and mutual legal assistance
From the Newswire:
EAW law challenged
Advocaten voor de Wereld challenged the Belgian law that put the arrest warrant in to force in Belgium on two accounts.
The association questioned the legal basis of the law and whether the right legislative instrument had been chosen, arguing that the "dual criminality" waiver in the EAW is effectively discriminatory.
Dual criminality means that the act concerned must be a crime in both the country in which it occurred and the country in which the arrest takes place.
The EU warrant lists 32 serious offences to which the principle "dual criminality" does not apply
Instead the principle of "mutual recognition" applies, meaning that a judge in member state A does not have to approve an accusation in
member state B before extraditing its citizen to member state B.
These 32 specific offences include those involving terrorism, drugs, weapons, human organ trafficking and murder.
If the European Court of Justice finds in favour of the arguments made by the NGO then this could have a dramatic effect on the legality of the Framework Decision itself, not just in Belgium," said Anand Doobay, lawyer and EAW expert at the UK law firm, Peters and Peters.
Extradition made easier ... visa-free travel for EU - US
Citizens of 12 EU member states still need a visa, even for short stays. The EU presidency is forcefully speaking to ensure that in future all EU citizens are included in visa waiver programme, German Deputy Foreign Minister Guenther Gloser, whose country holds the rotating six-month EU presidency, told the European Parliament in Strasbourg ahead of the April 30 EU-US summit in Washington
For American citizens visiting Europe there is no such impediment, said Spidla, speaking on behalf of the EU executive.
Traffiking in Torture Tools
Dick Oosting, head of Amnesty's EU office in Brussels.
"At a time where the EU's traditional stance against torture has been undermined by the complicity of member states in extraordinary renditions that led to torture, the EU can ill afford to be seen to tolerate the trade of potentially dangerous equipments to dubious destinations,"
Mr [ Dick, Richard ] Oosting said in a statement, citing the recent European Parliament report stating that some EU member states were implicit to persons being kidnapped by CIA rendition flights between 2001 and 2005
The 1996 Illegal Immigration Responsibility Act makes deportation mandatory for anyone convicted of an aggravated felony. There is a great deal of concern because the U.S. Governments definition of aggravated felony is so broad. The aggravated felony label may include crimes such as shoplifting if the retail value of the amount stolen is over $400.
Deportation of a person classed as an aggravated felon requires that they be permanently banned from ever coming back to the U.S. Most people deported under this label are green card holders with long-term residence in the U.S. In 2006, over half of aggravated felons were deported administratively and did not go before an Immigration Court. Those deported included persons who signed papers at the ICE office to accept deportation and were unaware of their right to appear before an Immigration Judge.
A law passed by Congress in 2005 called the Real ID Act also makes administrative deportation much easier for ICE.
Any green card holder who has been convicted of any type of crime greater than a traffic infraction should consult with an immigration lawyer who is experienced in deportation defense. An immigrant in this type of situation should carefully look for a lawyer who knows what he or she is doing, since quite a few immigration lawyers are not necessarily experienced in this area.
Al-Masri abducted by CIA, yet not a terrorist
"German prosecutors said Wednesday that they have issued arrest warrants for 13 suspected CIA agents who allegedly abducted a German citizen in an apparent anti-terrorist operation gone wrong.
It was Washington's second European ally to seek the arrest of purported CIA agents for spiriting away a terrorism suspect. Italian prosecutors want to question 25 agents and one other American in the alleged kidnapping of an Egyptian cleric suspected of terrorism.
Munich prosecutor Christian Schmidt-Sommerfeld told The Associated Press that warrants in the latest case were issued in the last few days. He said the unidentified agents were sought on suspicion of wrongfully imprisoning Khaled al-Masri and causing him serious bodily harm.
"Rights activists have seized on al-Masri's story and
other cases to demand that the U.S.
stop ``extraordinary rendition'' - moving
terrorism suspects to third countries where
they could face torture. Some European governments
have been accused of winking at the practice."
EU - US joint framework for rendition - ( extradition to torture-countries )
the US side merely "reiterated that the US would not provide details of flights but that it was essential for European officials to 'push back' in public this issue
A draft report by the European Parliament's temporary committee discussed on Tuesday (28 November) finds that "at least 1,245 flights operated by the CIA have flown into the European airspace or stopped over at European airports."
The report names and shames 11 member states specifically for being complicit in some way or another in CIA kidnappings, with Poland and the UK coming in for some of the heaviest criticism for refusing to co-operate with MEPs' investigations
Presumption of Democracy : total naivete or deception ?
from C. Rice ...
"In conducting such renditions, it is the policy of the United States, and I presume of any other democracies who use this procedure, to comply with its laws and comply with its treaty obligations, including those under the Convention Against Torture. Torture is a term that is defined by law. We rely on our law to govern our operations. The United States does not permit, tolerate, or condone torture under any circumstances."
[ Ed: That is why the U.S. exports them to countries that do apply torture and are not democracies , obviously ]
"Moreover, in accordance with the policy of this administration:
The United States has respected -- and will continue to respect -- the sovereignty of other countries."
[ Ed: meaning we will allow other countries to apply torture ].
U.S. Judges should uphold foreign law -- Ed:
heavens , why ????
"Foreign law, you can find anything you want. If you don't find it in the decisions of France or Italy, it's in the decisions of Somalia or Japan or Indonesia or wherever." Roberts has taken pains throughout the hearings on his nomination as chief justice to present himself as the modest judge who strains over the authoritative texts and forswears all personal preference. For him, citing foreign law inevitably entails discretion.[ Ed : why not abstention ?? ] Judges will select the things that say what they already want to say and "cloak them with the authority of precedent." That violates the credo of the humble judge"
Anthony Kennedy backs "the opinion of the world community "
[ Ed: the majority will always back the politically correct, not the morally righteous ]
EU - US secrecy on extradition
Statewatch, an NGO monitoring civil liberties in Europe, points to a case in July last year, where several paragraphs were deleted, referring to the US's demand for European help in tracing funds held by suspected terrorists and what it called "pro-active, intelligence-driven" investigations
Europe is a legal jungle. It has national law and EU law, and a range of courts to enforce them.
Roman law and the Napoleonic code jostle with British common law.
Interpol, Europol, and Eurojust are already in existence, and the European arrest warrant may not be far away.
EAW to be delayed ?
Getting rid of freedom-loving Constitutions first
Germany debates EAW
However, Mr Darkazanli appealed the decision in the federal constitutional court saying his fundamental rights as well as the principles of rule of law and democracy under the German constitution were being impinged - his appeal calls into question the essence of the warrant.
Definition of "impartial" tribunal:
Kerry wants abortion-rights supreme court nominees only
Democratic presidential candidate John Kerry said Friday that he is prepared to block any Supreme Court nominee who would not uphold the Roe v. Wade decision that legalized abortion.
"I am prepared to filibuster, if necessary, any Supreme
Court nominee who would turn back the clock on a woman's right to
choose or the constitutional right to privacy, on civil rights
and individual liberties and on the laws protecting workers and
the environment," Kerry said in remarks via satellite at a
meeting of Democratic party officials in St. Paul, Minn.
"The test is basic - any person who thinks it's his or her job to push an extreme political agenda
[ to favor LIFE is an extreme political agenda ? ]
rather than to interpret the law should not be a Supreme Court justice."
Kerry will fight for pro-choice court
The meaning of "adjudication " ......
"A deliberate determination by the judicial power; a judicial decision or sentence.
``An adjudication in favor of natural rights.'' --Burke................. from Webster's Revised Unabridged Dictionary
Britain, United Kingdom, England .....
US - UK (extradition treaty
UK parliament Select Committee issues critical report on EU-US agreements
Eating away at injustice
Torture evidence accepted
EUROPOL at the HAGUE with US laisons
Director: Max-Peter Ratzel (former Head of Federal Police, Germany )
( Hague ) and US laisons
During a visit to the U.S.A the director of Europol, Max-Peter Ratzel, has had meetings with the key US law enforcement organisations. The cooperation between Europol and its American partners was discussed with Bruce Swartz, Deputy Assistant Attorney General and Head of the Criminal Division of the US Department of Justice, and Admiral Albert M. Calland, Deputy Director of the Central Intelligence Agency.
In Max-Peter Ratzels meeting with the FBI director, Robert Mueller, and US Secret Service Assistant Director, Brian Nagel, the importance of the fact that these agencies have placed a liaison officer at Europols headquarters in The Hague in The Netherlands was emphasised
Interpol ( International Criminal Police Organization ) -- Lyons, France
Director: Ronald K. Noble -- former U.S. Sec of Treasury
mega database; banking profiles for traffiking
Italy Silently Stealing
Ed. note: Will this eventually be the fate of Jesus-only Christians ??
Tony Bunyan, Statewatch editor, comments:
"Are we going to see people shackled to their seats on public trains and coaches or perhaps trains with "cattle trucks" chugging east, reminiscent of another time? How safe are migrants being transported in unmarked police cars or vans driven by plainclothes police officers going to be if they resist at any point? Will we ever know what happened to them if they do not arrive at their destination?
This proposal is indicative of a wider question, it is said that the EU tracks the whereabouts of every cow that leaves the Community to counter fraud but it has no idea where those [ people who are] expelled end up, whether they are alive or dead , free or imprisoned, fed or starving.
Under this proposal responsibility ends when "the third country national has been finally removed from the territory of the Member States".
Does the EU care more about cattle than people?"
David Blunkett (the Homeland Security of England)
When the British home secretary signed a new extradition agreement with the US in March, ( ???) there was no fanfare and no public comment. Details of what had been negotiated - in unprecedented secrecy - were hard to get hold of for two months. Now that they have become public, it is clear why Mr Blunkett would prefer us not to know: the agreement effectively removes safeguards that have protected British citizens from the risk of US judicial abuse, and hands them over, on request, to their fate - at a time when the US has enacted legislation that has dramatically reduced civil rights.
Until now, the US government had to offer evidence
against the suspect before a British court. Thanks to Mr
Blunkett, that has gone. All that will be required is that the US
provide evidence that Joe Bloggs is who they say and Mr Bloggs is
theirs. (Perhaps without Derek Bond, the septuagenarian Brit
detained at FBI request in South Africa on the grounds that he
was someone else, even that requirement might have gone.)
The government argues that the new agreement brings extradition law into line with arrangements we have with other countries. It is true that our extradition arrangements with the EU and members of the Council of Europe allow extradition without a prima facie case [ without proof or reasoning; a first-glance decision] being made. But, as the human rights organisation Justice points out, there are important differences: these arrangements are reciprocal and the countries concerned have signed the European Convention on Human Rights and other treaties that bind them to
an international standard of judicial conduct.
They can be held to account at the European Court of Human Rights and can be subjected to political and diplomatic pressure if they abuse the rights of a British citizen. None of this applies to the US,
[ YET; actually if you read http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102 you will see that the USA is already under the ECHR ]
a country that has, in the past two years, introduced legislation that allows foreign nationals to be arrested, tried before secret military tribunals and executed, without any requirement to disclose details.
In fact, under the new treaty - which is retrospective - he still might be, if the US were to try again.
Leaky "guarantees" for extradition
If an EU state gives its blessing, the death penalty can be invoked without delay.
Rest assured, this will work both ways when the EU arrests US citizens for "human rights violations" such as : pro-life, pro-straight lifestyle, criticizing the EU, fundamental Bible beliefs including Jesus only for salvation, evangelization, belief in the 10 commandments etc. etc. etc.
It's only a matter of time.
EAW agreement to be signed in Washington DC
Americans will be under the EU jurisdiction
EAW also involves ICC
EU - US Judicial Cooperation
Agreement of EU - US extradiction
Both the agreements have been approved," Danish Justice Minister Lene Espersen told Reuters. The agreement, sought by Washington to boost the fight against terrorism after the September 11, 2001, attacks on the United States, will be signed at an EU-U.S. summit in Washington on June 25.
E. Kemp worked on this extradition agreement
We are gratified by the EU's decision,'' said Edward Kemp, spokesman for the U.S. mission to the EU in Brussels. ``We believe these instruments contain value added to our joint fight against international crime, and both sides are in the process of doing everything necessary to sign these agreements.''
Courts role on extradition--June 9, 2003 (do jail-time in a foreign land)
Significant changes will be made to Ireland's prison laws following the Government's decision to jail people here for crimes committed in any Council of Europe member- state and the United States....
The changes flow from the Government's decision to accede to more sections of the European Union's Schengen Agreement and, separately, to extra sections of the Convention on the Transfer of Sentenced Prisoners.
Once introduced into law, Irish citizens or foreigners who have fled to Ireland can be sent to jail to serve out sentences imposed by a foreign court without the Irish courts being allowed to examine the case.
[ Ed: in other words, one does jail-time in a foreign land, without any protections from their homeland justice department]
The Council of Europe has been joined by every country in Europe, bar Belarus, but including Albania, Armenia, Azerbaijan, Turkey, and Macedonia, Serbia and Montenegro. The United States, Canada, Israel and Costa Rica have associate membership.
[ Ed: you can spend your jail-time any one of those countries]
Questioned last night, the Department of Justice said the changes were part of Ireland's commitment under the EU Schengen Agreement, although it made no mention of the fact that the change also affects non-EU countries.
Last night, Mr Costello accused the Minister of "an extraordinary attempt to introduce by stealth a series of amendments containing sweeping and far-reaching proposals.
This will bring to an end the procedures for extradition of Irish citizens to serve sentences imposed by European courts.
"The people concerned will simply be locked up here," he said. "Under the McDowell plans, the courts will also be shut out from any substantive review of the enforcement of foreign jail sentences."
The EAW- MLA agreements have "retroactive power"
US - EU law enforcement issues (Justice Home Affairs ) ... directory / articles
Networking and Information Security agreement
The EU's telecommunications ministers endorsed in principle on 5 June plans to create the European Network and Information Security Agency. The UK and Germany abstained in the voting. The new body would function as an advisory body on how to combat hacking, virus attacks and threats to information networks, and it would also formulate pan-EU guidelines.
The EU will have a single legal personality, allowing it to sign international treaties.
Statewatch and Amnesty International are against EAW
Amnestry International : "agreement flawed"
Ai remarks to JHA Justice and Home Affairs Council
The Convention on the Transfer of Sentenced Prisoners
The Council of Europe Convention on the Transfer of Sentenced Persons (ETS No. 112) provides for the transfer of foreign prisoners to their home countries, both for their own sake and because transfer enhances rehabilitation and reintegration into society, and consequently reduces recidivism. [ they don't return to crime / prison ]
Agreement to be signed in Washington, D.C.--- Negotiations in secret
This agreement has been negotiated in secret since last summer until it came out in the open on 6 May this year . It was only then that national parliaments and the European Parliament were able to discuss it. [note: scarcely a month's time]
After the signing at the EU-US summit in Washington on 25 June, it will go to the ratification before it actually enters into force.
But despite concerns expressed by the European Parliament and civil liberties organisations like Amnesty International and Statewatch over issues in this agreement, EU Justice Ministers decided to go ahead just the same.
In its resolution adopted this week, the European Parliament said "it is paradoxical to sign an agreement with the United States when several European Union citizens are still being held at the US military base at Guantánamo bay, quite unlawfully under both US and international law and without the slightest guarantee that they will receive a fair trial."
European Union to Monitor American Pro- life Groups (anti-abortion)
NewsMax.com's religion editor, Fr. Michael Reilly, details the latest efforts by the European Union to help stymie the pro-life movement.
The European Parliament has announced that it
will be monitoring American pro-life groups, with EU
officials charging that the American pro-life movement has become
too influential in the legislative body.
Austin Ruse of the Catholic Family & Human Rights Institute reports that Poul Nielson, European Commissioner for Overseas Development and Humanitarian Aid, has come out against what he describes as a "small group of extremists.
"The US anti-choice groups are powerful, well-funded and determined.
They hold extreme views on religion and sexuality," Nielson complained. (meaning against the sin of homosexuality.
Christians are those who hate the sin and preach forgiveness through Jesus Christ, because of love.)
EXTRADICTION of Citizens between EU and US
The Greek Presidency will sign off the treaty with the US on behalf of the EU at the Thessalonik summit on 21 June. ......
Just because this guarantees more protection against the death penalty does not mean that EU citizens will not have to go through the trial process of US law, said Amnesty Internationals Dick Oosting. http://www.eupolitix.com/EN/News/2afb8393-c1c0-46f7-8031-e5b53ffd771f.htm
Parliament session on extradition
* Newspeak" = words that mean their 100 % OPPOSITE (lies )
EAW--Extraditions and Warrant Arrests ( EU - US )
France [ Valery ] is also demanding that the European Arrest Warrant, which removes the need for extradition between EU States, is put on a higher status than the extradition agreement with the US.
This is linked to a US demand that when there are competing requests (for extradition by more than one country), then the US is treated as any other EU member state.
The text of the agreement is currently under discussion in the respective EU states, although there is still an open question on whether there would be a need for each EU state to ratify the agreement.
"The lack of scrutiny, accountability and data protection in the draft agreements mean they have no place in a democratic society", said Tony Bunyan, editor of the civil liberty organisation Statewatch.
Denmark accepts the EAW European Arrest Warrant
The European Arrest Warrant will create the possibility - and in some cases even the obligation - for Danish authorities to extradite Danish citizens for legal procedures in other EU countries.
"The consequences are incalculable," says Line Barfod, law spokesperson for Enhedslisten (Leftists), according to Politiken, and continues: "The state will be emptied of half its contents if it can no longer protect its own citizens
Lene Espersen answers that EU cooperation in general is so close that member states should trust one another, but adds that she understands worries about extraditions to countries like Poland or Lithuania that have got quite different judicial systems.
Eva Smith, professor of law of legal procedure, warningly refers in Politiken to a case in which two Danes were sentenced in Greece within 48 hours without obtaining legal assistance. Her concern is shared by the Danish Institute for Human Rights and the
Sweden accepts European Arrest Warrant
Swedens's reservations about the EAW European Arrest Warrant
the know-nothing nod
According to the party, the rule of law is threatened when politicians have no way of knowing what they are legislating
"We will not vote for something of which we do not know the consequences. There is a possibility that we may end up voting for the EU framework decisions, but not until the consequent Swedish legislation is in order. That would be buying the pig in the poke," says Fredrik Reinfeldt from Moderaterna, president of the legal committee in Riksdagen, the Swedish parliament.
Now the minister of justice must present the proposal for laws that the framework decisions require. But we should not make our decision in order to keep the EU system happy. If this causes problems for the government, it is because it has omitted to tell that it has not got a parliamentary majority behind it," he says to EUobserver.dk.
The definition is vague. Among other things we have with assistance from Denmark brought about that demonstrators, shall not be considered to be terrorists, even if they go too far. But this is only a preamble text. We want to know the legal status of this wording before we see it incorporated in Swedish law."
We need to know whether the conditions in prisons in, for example, Lithuania are of a nature that we can give up Swedish citizens
Are we going to have a common European legal system, ?
"EU Criminal Cooperation" -- Ireland
Prof Dermot Walsh of the University of Limerick said that proposals such as the European Arrest Warrant, normally came from the European Commission and not a member state. According to Prof Walsh, the proposal normally would be to consult widely with senior government officials, lawyers and academics in the member states. "Once they get over this initial stage there is consultation with member states", he said. "However now it is too late. The proposal is already framed and the decisions have already been taken. If you are not in at the start you are not shaping policy." Prof Walsh stated.
Prof Finbarr McAuley, the Jean Monnet associate professor of European Criminal law in UCD, said he was shocked that the Irish authorities had not been consulted. He said he often attended European meetings on matters of criminal law, but he had not been contacted either about this proposal.
"Once a warrant was issued by a judge in one state, it would have to be executed in the other", Prof Finbarr McAuley said according to the Irish Times. According to the professor, nobody seems to know what the final version of the European Arrest Warrant is.
Prof Stephen Livingston of the Human Rights Centre in Queen's University Belfast thinks it is still open to question whether the most effective way of combating terrorist violence was the better use of the measures already in place. He suggested that existing measures might be more effective than new proposals.
And we all know that "terrorist" is a generic term that means "combatants", "extremists", "dissenters", protesters, demonstrators, "critics", "anarchists" etc.
and any one who is not politically-correct, especially Christians and Jews.
(ultimately: a "terrorist" or enemy of the state will become anyone with a conscience toward God, Whom the EU rejects in their foundational Constitution).
These warrant-arrests will come under the jurisdiction of "security"...which the Foreign-Minister
(Vice-President of the EU Commission) heads.
English Law under attack from the EU...Robert Verkaik
EU to overturn 1,000 years of British "common law"