British citizens could be convicted in their absence by foreign courts for
traffic, credit card or other criminal offences under plans approved in
principle by the European Parliament.
The proposals would allow citizens to be extradited automatically under
fast-track procedures at the request of another European Union country on
the basis of a decision by the foreign court.
The overwhelming adoption by the Parliament of the proposals, which now go to
the Council of Ministers, was condemned yesterday as “throwing habeas corpus
out of the window”.
Philip Bradbourn, the Conservative justice and home affairs spokesman in the
European Parliament, said: “This initiative would enable courts to pass
judgments in absentia. It goes against one of the most fundamental
corner-stones of British justice – that the accused has a right to defend
himself at trial. If other EU countries want to go ahead with this proposal
that’s their choice, but the British Government should have no part [of it].”
The proposal has been put forward by seven EU countries, including Britain, to
strengthen procedural safeguards in the European Union and mutual
recognition of processes in criminal proceedings. Countries can opt out from
the proposals even if they are adopted by the Council of Ministers.
The European Criminal Bar Association opposed the plans, saying that they were
“by their very nature a violation of the fundamental procedural rights of
the accused”.
In an open letter to all MEPs it says: “The rights of European citizens will
be further undermined because in absentia judgments will result in the
surrender of European citizens on the basis of a judgment given at a trial
in which they never had the chance to participate.
“One member state could issue a European arrest warrant on the basis of an in
absentia judgment, although the accused never had the chance to be heard –
for example, after a traffic accident or the use of a credit card in that
country.”
The seven countries that proposed the new system were Slovenia, France, the
Czech Republic, Sweden, Slovakia, Germany and Britain, according to the
Conservatives in Brussels.
The scheme would allow courts to make judgments without defendants being
present where they were imposing fines or confiscation orders; when dealing
with criminal offences carrying a custodial sentence; and when issuing the
European arrest warrant. It could cover offences such as traffic
trangressions, theft, shoplifting or fraud, up to assault or murder. People
who have been accused in their absence have the right to a retrial or the
right of appeal when extradited.
Countries will not be able to enforce judgments where a person was not
properly summoned or informed of the trial procedures, but the campaigning
group Fair Trials International says that this appeal safeguard is in
adequate. It says: “Retrials can raise serious issues such as the
disappearance of evidence, difficulty in locating witnesses, and difficulty
in witnesses accurately recalling facts due to elapse of time.”
The group adds that it “remains deeply concerned that the right to a retrial
following judgments in absentia can be meaningless or ineffectual while the
EU lacks harmonisation of basic procedural rights. The system of mutual
recognition can only work if it is built on a solid foundation of mutual
trust – and this must include assurances that minimum standards of basic
defence rights will be applied in every case in every member state.”
A spokesman for Conservative MEPs said: “Once extradited, [defendants] would
have to serve the sentence in that country. The individual can appeal in the
country they have been extradited to but would be held in custody and not
have the safeguards which are in place in the UK. We have no idea why the UK
Government has chosen to sponsor this proposal – it is still a mystery.”
The Council of Ministers put forward the document for consultation with the
European Parliament. The amended document was presented yesterday to the
full Parliament and was adopted with 609 votes in favour and 60 against,
with 14 abstentions.
The Parliament said in a statement: “The EU wants to create a common area for
justice, which requires the mutual recognition of criminal law judgments by
member states.”
The document will be presented to the Council of Ministers within the next
three months for a decision on which points will be incorporated. Once a
unanimous agreement is reached, the document will start the process of
becoming national law.
