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EU COUNTRIES SHOULD continue extraditing criminal suspects to Britain until it leaves the bloc, the union’s top court ruled on Wednesday, rejecting a bid by a murder suspect to use Brexit to avoid facing justice.
A man suspected of murder, rape and arson challenged a European Arrest Warrant issued by Britain after he was detained in Ireland, arguing that the UK’s decision to leave the EU meant it was not clear that his rights would be guaranteed.
But the European Court of Justice in Luxembourg ruled that Britain’s June 2016 vote to leave had no bearing on such warrants so long as it remained part of the EU.
“The notification by a member state of its intention to withdraw from the Union in accordance with Article 50 (of the EU treaty) does not have the effect of suspending the application of EU law in that member state,” the court said.
The “principles of mutual trust and mutual recognition” continue until Brexit day – 29 March next year, it added.
The court concludes therefore that mere notification by a member state of its intention to withdraw from the European Union is not an ‘exceptional’ circumstance capable of justifying a refusal to execute an EAW issued by that Member State.
The European Arrest Warrant system allows EU countries to request the extradition of suspects from other member states, with very few reasons allowed for refusal.
The suspect in the current case, identified only as ‘RO’, was arrested in Ireland in 2016 on the British warrant and appealed to the Irish High Court on grounds including issues related to Brexit.
The Irish court then asked the ECJ to rule whether it should refuse to surrender the suspect due to “the uncertainty as to the arrangements which will be put in place after the UK’s withdrawal”.
The ECJ said courts should only refuse an arrest warrant from a state leaving the EU if there are “substantial grounds” to believe there is a risk of the suspect being deprived of his or her rights.
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What about the rights of the person you murdered and raped, scxm
@Tom Ryan: You mean the person who I am accused of murdering or raping? They will still have the right not to be murdered or raped.
@Neal Ireland Hello.: Who accused you ??
@Pixie McMullen: Nobody, obviously, but unlike most people I am not so naive as to assume that I will never have the misfortune to be accused of a crime that I didn’t commit, and therefore I take an interest in retaining the right to due process.
@Neal Ireland Hello.: life isn’t a giant episode of Making a Murderer. If you get through your life without raping or murdering everyone, I would wager my house that you will never be accused of raping or murdering anyone. It’s incredibly unlikely.
@Neal Ireland Hello.: in fairness the writing is on the wall when a suspect is taking the case to European court saying his rights would not be protected in Britain because they are leaving the Eu, if he is innocent why don’t he take a case to Eu to say he shouldn’t be brought to Britain because he is innocent.
@Tom Ryan: while I agree with the sentiment of what you’re saying, the place to defend his innocence is the place he is accused. He can only defend his extradition in Ireland / the EU.
@Paddington C.: I totally agree
Ah sure it’ll be grand so.
What a waste of money to get the European Court of Justice to make a ruling that was ridiculously obvious
@Dow Dubrov: are you blaming the EU for that?
@Dow Dubrov: it may have been obvious but now that there is a formal ruling it will close off potential further appeals if the accussed is subsequently convicted.
@Danny Rafferty: I don’t think that is what the Dow was saying I think he meant our shower being unable to make the call
@FlopFlipU: Exactly. It’s hardly a grey area
I live in the UK now and follow the shambles that is brexit closely. People here are going to get an awful fright when the realise the lack of a historical Ireland/UK extradition treaty means there’ll be a lot of people invading justice simply by hoping borders. The niaveity (sp?) around all the complexities of leaving the EU is truly astonishing (especially amongst politicians.
@Dr Julie Ann Lough: Senior British police officers & the UK’s police rep bodies have all said that Brexit is going to have a seriously detrimental effect on law enforcement co-operation, particularly between Ireland & Northern Ireland, but no-one in their government seems to be listening.
have your say