Extradition Process in Europe Made Easier, The Journal, August 11, 2011

Extradition Process in Europe Made Easier

The Journal
August 11, 2011

http://www.thejournal.ie/extradition-process-in-europe-made-easier-198946-Aug2011/

Justice Minister Alan Shatter

A BILL HAS been published which will make it easier to extradite suspected criminals to Norway and Iceland.

The European Arrest Warrant and Extradition Bill 2011, published yesterday by the Justice Minister Alan Shatter, gives effect to so-called surrender agreements with are entered into by the European Union and with Norway and Iceland . The Irish Times reports that the agreements were reached in 2006 between the EU and the two countries.

It brings Norway and Iceland in line with the practice whereby European arrest warrants are applicable in Ireland. Extradition between members states has been governed by the European Arrest Warrant scheme since 2004.

Conditions for extradition from Ireland to other countries include the necessity for the person to be charged with an offence, and in some cases it must be an offence in both countries, known as the rule of ‘dual criminality’.

In some more serious cases, such as terrorism, human trafficking, corruption and child pornography, the dual criminality rule is waived, provided that the offence is punishable by at least three years in prison in the state issuing the warrant.

Where the death penalty is in question extradition is not a possibility.

The latest available figures show that in 2009 69 people were surrendered to other member states, 21 to the UK, 20 to Poland and 13 to Lithuania. In 2009 326 arrest warrants were received by Ireland for offences including rape, drug trafficking, assault and robbery.

Between January 2004 and December 2009 332 people were extradited from Ireland to member states.

Countries outside the European Union may also make a request for extradition for a person to stand trial, face sentencing, or serve a sentence.

Let’s have a look at some high profile extradition cases, from Ireland and beyond:

Sean Garland: The United States currently seeking the extradition of Sean Garland from Ireland. Garland, a former IRA leader and former president of the Irish Worker’s party, is accused of large scale forgery and the distribution of almost a quarter of a million fake US dollars. A hearing seeking Garland’s extradition was heard last month in the High Court, with judgement reserved until October. Garland denies the accusations and his legal team say the application for his extradition is based on hearsay.

Ian Bailey: Journalist Ian Bailey was in April granted leave to appeal a decision to extradite him to France, where he’s wanted in connection with the murder of Sophie Toscan du Plantier in Cork 14 years ago. France wants him extradited for questioning, and the High Court granted him permission to appeal the ruling on the basis that the extradition order marked a new reality where every Irish citizen faces the possibility of being prosecuted in another jurisdiction.

Patrick Joseph McCabe: In June a former Irish priest called Patrick Joseph McCabe was extradited to Ireland from the US on indecent assault charges. He was arrested in California last August. He faced allegations of molestation in the US in eighties, and 10 counts of indecent assault in Kildare and Dublin in the seventies and early eighties.

Julian Assange: Wikileaks founder Julian Assange is under house arrest in Norwich in England awaiting a verdict on his appeal against his extradition to Sweden. He faces allegations of rape, sexual molestation and unlawful coercion.