ASSANGE CASE SHOWS EAW DANGERS
Thursday, 16th December 2010
UKIP MEP Gerard Batten has highlighted the case of Wikileaks founder Julian Assange in his ongoing campaign to warn of the dangers of the European Arrest Warrant.
Mr Assange is facing extradition to Sweden on allegations of sex crimes – offences listed under the provisions of the EAW.
Speaking to Assange supporters – including journalist John Pilger (pictured, right) – and a crowd of media outlets from around the globe, Mr Batten said: "I don't take a view on Mr Assange's guilt or innocence in relation to the alleged rape accusations but this case highlights the dangers of the European Arrest Warrant to all British citizens and foreign nationals who are guests in our country.
"Under the EAW the court has no right to take into account the prima facie evidence against the accused person. In fact in the EU's own words extradition has now become 'judicial surrender' and extradition reduced to a mere bureaucratic formality.
"British courts have been emasculated of their ability to protect the rights of accused persons from unjust arrest and imprisonment in relation to the EAW and their extradition to any EU member state.
"Although I take no view on Mr Assange's guilt or innocence it seems strangely opportune that he is now facing these charges and imprisonment in Sweden in view of the furore generated by the Wikileaks revelations and the wish of the USA to take him out of circulation pending their own efforts to extradite him once they can make up their minds what to accuse him of.
"One of the very narrow objections to extradition under an EAW is 'extraneous' issues whereby the court can refuse extradition if it believes it is requested because of the persons 'race, religion, sexual orientation, or political views'.
"However if Mr Assange's lawyers argue that he is being persecuted for his political activities the prosecution is likely to argue that as Sweden is a signatory of the European Convention on Human Rights this cannot be the case and reject it - I know because I have sat in previous EAW extradition hearings and heard the human rights defence rejected on this grounds.
"Some might take the view that the Swedes are bowing to pressure from the USA to silence Mr Assange pending his possible extradition to the USA. Britain used to be in the forefront of defending freedom and freedom of speech. We could do that now if the court were allowed to hear the prima facie evidence in the sex crime allegation before granting extradition - but they cannot.
"The ancient rights of the English (and our guests) to be protected by the courts has been removed because of the headlong flight to create a common European system of criminal law. Unfortunately for Mr Assange his case will shine a light on the diabolical injustices being done to British citizens by the European Arrest Warrant."
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