A Conversation for Ask h2g2

Thoughts about Roman Polanski thing

Post 181

IctoanAWEWawi

that sounds like a bit of a confusion with the European Arrest Warrant which has replaced individual extradition treaties between member states.

The EAW is a lot more restrictive than what RF is talking about though so I could well be wrong -

http://ec.europa.eu/justice_home/fsj/criminal/extradition/fsj_criminal_extradition_en.htm


"A European Arrest Warrant, valid throughout the European Union has replaced extradition procedures between Member States of the enlarged Europe. Such a warrant may be issued by a national issuing judicial authority if the person whose return is sought is accused of an offence for which the maximum period of the penalty is at least a year in prison, or if he or she has been sentenced to a prison term of at least four months...
It also means that Member States can no longer refuse to surrender to another Member State their own citizens who have committed a serious crime, or who are suspected of having committed such a crime in another EU country, on the ground that they are nationals."


Thoughts about Roman Polanski thing

Post 182

A Super Furry Animal

here's one of many references to how the Lisbon treaty has extended the use of the European Arrest Warrant, which is the mechanism which is used instead of extradition in the EU:

http://www.stormfront.org/forum/sitemap/index.php/t-531338.html

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 183

IctoanAWEWawi

I think the bit being missed is the bit about the crime having been committed within the requesting country.

So can't can;t be done for an French crime in Germany if the action was committed in Germany - but if you are a German national who broke French law in France then you have to be extradited from any EU member country you might be in (unless the caveats in the EC document apply). Which seems fair enough.


Thoughts about Roman Polanski thing

Post 184

A Super Furry Animal

It specifically covers crimes which are crimes in the country being extradited *to*. The example usually given is holocaust denial, which is a criminal offence in some countries but not in others. If a Frenchman denies the holocaust in France, he can be extradited to Germany and face prosecution.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 185

IctoanAWEWawi

ah - but the holocaust denial thing is because of that Australian who legged it from germany and was extradited within the EU back to Germany because he had committed an offence in Germany (which was legging it from custody).

The bit from the EC site says, specifically of the EAW

"It also means that Member States can no longer refuse to surrender to another Member State their own citizens who have committed a serious crime, or who are suspected of having committed such a crime in another EU country, on the ground that they are nationals"

I.e. the crime was committed in the country that had laws preventing that action.



Thoughts about Roman Polanski thing

Post 186

A Super Furry Animal

Well, he published a blog from Australia.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 187

Giford

I think Storm Front is not the most neutral of sites you could have chosen as a reference (it's a Fascist site, basically). I suspect they have deliberately edited out the bit about the crime being committed in the country requesting the extradition.

This means that it will not be possible any more for a member state to refuse to surrender one of its citizens who has committed a crime *in another EU state* on the ground that he or she is a national.
http://www.justice.org.uk/images/pdfs/eurschmidt.pdf
(My emphasis)

Gif smiley - geek


Thoughts about Roman Polanski thing

Post 188

A Super Furry Animal

That's one of its uses, certainly. But the way the law is drafted, it can also be used to extradite people who have not committed a crime in one country, because under the laws of another country, they have committed a crime.

It's pretty loosely defined, so will need to be tested by case law. But as it stands it's open to "unintended consequences". I use quotes because I'm not entirely convinced that the consequences are, in fact, unintended. The intention is, I believe, to bring all European law into one system.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 189

A Super Furry Animal

>> I think Storm Front is not the most neutral of sites you could have chosen as a reference (it's a Fascist site, basically). <<

smiley - blush Just goes to show, I completely ignore what's going on at the top of a website - I just assume it's pointless graphics and advertising. It was the first hit on Google for what I was searching that seemed to contain any text.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 190

Giford

Which may be telling in itself... the 'best' place to find support for that interpretation is on (ahem) somewhat opinionated extremist political sites. Why aren't (say) Liberty shouting about this from the rooftops?

Gif smiley - geek


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