Considerations regarding the EU Warrant of Arrest and its potential abuse, commended for your perusal so you can form your own opinion.

Observations concerning the EU Warrant of Arrest

The first impression gained from the discussion concerning the EU Warrant of Arrest may have been positive: Finally serious felonies - trafficking in drugs and humans, child pornography etc. - can be pursued across borders to limit possible damage quickly and unbureaucratically. But upon closer inspection this EU Warrant of Arrest is utterly alarming: It can hit all and sundry! In this Sealand Letter we want to point out the dangers of potential abuse of the EU Warrant of Arrest!

In the protocol of the Session of the (German) Federal Diet of March 11, 2004, we read:

Siegfried Kauder, CDU: "Not everything coming from Brussels is good. What issues from Brussels concerning the EU Warrant of Arrest is not good. In this, all factions of the House are in agreement." - Which, however, did not dissuade the factions of the House from accepting said EU Warrant of Arrest unanimously! Strange, despite the unanimous opinion! Why?

Extradition does not necessarily, or indeed mainly, mean the 'transfer of a sentenced person' from one country (jurisdiction) to another. Most extraditions are of persons not yet sentenced, but wanted for a crime.

The most relevant paragraphs:

Extradition

"A warrant of arrest for extradition that follows the Schengen Treaty and contains the data given there under Paragraph 1, Nos 1–6, or that had this data filed subsequently, counts as a European Warrant of Arrest."

The new procedure

"At its extraordinary meeting of October 15 and 16, 1999, at Tampere, Finland, concerning the creation of a space of freedom, security and law within the European Union, the European Council named the mutual recognition of judicial decisions a cornerstone of future judicial cooperation in civil and criminal cases. The argumentations of the European Council call upon the member states to replace the existing extradition procedures with a simplified system of 'transfers'". [The Schengen Treaty, too, is subject to the "creation of a space of freedom. security and law".]

No more reviews

"In extradition procedures the respective punishability is maintained. But for a series of criminal acts which are listed in a Positive List below, it is not to be cross-checked."

Extradition of own citizens

"Thus (the resolution) commits the member states to transfer its own citizens to another member state for criminal proceedings. The transfer may, however, be subject to the condition that after legal sentencing the prosecuted person will be re-transferred to the home country for the execution of the sentence. This helps resocialisation."

No right for appeals

"Following existing law, the new regulation states that in the area of international legal assistance in criminal proceedings no legal remedies against authorisation decisions shall be possible."

Speed before rights

"The missing voidability of the authorisation decision is indispensable for the speeding up of proceedings and thus for the implementation of respite. Without it any commitment to have the extradition or transfer requests settled as quickly as possible would practically fail."

The Positive List of offences, for which an EU Warrant of Arrest may bee issued and that the "Council of the European Union ... may expand or alter at any time in the course of ongoing harmonisation efforts."

- membership in a criminal association,

- terrorism

- human trafficking,

- sexual exploitation of children and child pornography,

- illegal trafficking in drugs and psychotropic substances (narcotic drugs),

- illegal trafficking in arms, ammunition and explosives,

- corruption,

- fraud, including fraud to the detriment of the financial interests of the European Communities according to the agreement of July 26, 1995, about the protection of the financial interests of the European Communities,

- laundering of gains from felonies,

- counterfeiting, including counterfeiting the Euro,

- cyber crimes,

- crimes concerning the environment, including illegal trafficking in endangered species or endangered plants and trees,

- aiding and abetting illegal entry and illegal residence,

- premeditated murder, serious bodily harm,

- illegal trafficking in organs and human tissue,

- abduction, deprivation of personal liberty and taking of hostages,

- racism and xenophobia,

- organised or armed theft,

- illegal trafficking in cultural goods, including antiques and works of art,

- fraudulent actions,

- extortion, including extortion of protection money,

- product copying and pirating,

- forgery of official documents and trading of such,

- forgery of means of exchange,

- illegal trafficking in hormones and other growth-enhancing substances,

- illegal trafficking in nuclear and radioactive substances,

- trafficking in stolen motor vehicles,

- rape,

- arson,

- crimes under the jurisdiction of the International Court,

- hijacking of aircraft or ships,

- sabotage.

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