Skip to main content

Proceeding contribution from Dominic Raab (Conservative) in the House of Commons on Thursday, 24 November 2011. It occurred during Adjournment debate, Backbench debate and e-petition debate on Extradition.


Extradition

I thank my hon. Friend for that historical context, and I certainly accept it. It is important to have a practical, operational background about the numbers of cases, so that the debate does not become a dry, lawyer's debate about the terms of the treaty or the Extradition Act 2003. We have legislation in place to inject a dose of common sense and discretion into the McKinnon case and other such cases. The Government ought to bring that into force as a matter of priority. I understand the US's concern. I have spoken to officials from the US embassy, and I understand their concerns regarding the treaty's operation. They make quite strong arguments about the discrepancy between the evidential thresholds. None the less, in the US's extradition treaty relations with, to name but a few, Brazil, Mexico and Australia, the domestic authorities in those countries have the right to decline extradition in these and much wider circumstances. Why should Britain, a stalwart ally, not request such a modest adjustment? The problems created by the European arrest warrant have proven to be even more serious and far more widespread than those created by the US treaty. First, there are cases that are exemplified by the case of Andrew Symeou. Andrew, a British student, was whisked off to Greece under a European arrest warrant for involvement in a fight at a night club that left another man dead, which is a serious offence. Andrew was extradited, despite eye-witness accounts that he was not at the club at the time. Fast-track European Union extradition is based on the assumption that standards of justice are adequate across Europe. We all put our faith in that assumption, but I am afraid that the Symeou case and many others show that that assumption is a sham and a fraud. We cannot understand the operation of the EAW without understanding that fraud—the assumption that all the justice systems operate to a similarly high standard. Let us look at the Symeou case. Greek police beat identical statements out of witnesses, which were then retracted. Andrew Symeou spent almost a year in squalid prison conditions before being bailed. He was left with a flea-ridden blanket in a cell exposed to a sewer and crawling with cockroaches. He was abused by guards and witnessed another prisoner being beaten to death for drug money. The trial proceeded at a snail's pace, with court translators who spoke scant English. He was eventually cleared in June this year, after a two-year ordeal, and he was left to re-build his life. The independent Baker review, commissioned by the coalition to look into the operation of our extradition relations, makes absolutely no recommendations for preventing such horror stories being inflicted on other innocent people—I use the word ““innocent”” advisedly, although that was clearly the case for Andrew Symeou. The Symeou case highlights the need for a higher evidential threshold—a prima facie test—to militate against the risk that fast-track extradition goes ahead on manifestly tainted evidence or spurious grounds. The Baker report merely suggests that, over time and with effort, the justice systems and prison conditions across Europe will get better. All of us in the Chamber may well hope for that, but that view is naive at best and reckless at worst. I urge the Government to ignore that legalistic and simplistic analysis and think about what innocent people such as Andrew Symeou actually go through in real life.


Secondary information

Type
Proceeding contribution
Reference
536 c148-9WH 
Session
2010-12
Chamber / Committee
Westminster Hall
Subjects
Arrest warrants EU countries Extradition Human rights USA McKinnon, Gary Ahmad, Babar Symeou, Andrew
Link
View this Proceeding contribution on www.publications.parliament.uk