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EU-wide powers for “trial in absentia” proposed

Posted by James Hammerton @ 9:41 pm on 3 September, 2008.
Categories democracy and the rule of law, British politics, European Union politics.
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[Hat tip: abelard]

The Times reports:

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.

Thus you could be tried and found guilty in another EU country and the first you’d know about it is when the fast-track extradition warrant is served against you. Note that EU states can extradite people under the European Arrest Warrant without any evidence being presented to the courts of the country that the person is being extradited from.

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