EU-US treaty could ‘threaten civil liberties’

Date: 12/09/02

EU JUSTICE and home affairs ministers meeting in Copenhagen this weekend will discuss the draft of a 'secret' EU-US treaty on fighting terrorism that could infringe civil liberties, an independent watchdog has warned.

Statewatch says it has acquired a leaked copy of the 'secret negotiating agenda' for the gathering, which will be attended by US Attorney- General John Ashcroft. It includes issues ranging from the extradition of terrorist and criminal suspects to covert police operations.

'This is a primary example of fundamental rights and protections built up in the EU over decades being put up for negotiation by EU governments to meet US demands in the so-called 'war on terrorism',' Statewatch's Tony Bunyan said.

Foremost among his concerns is the EU's vague mandate on 'guarantees and safeguards', which makes no mention of the European Convention on Human Rights. Bunyan claims this risks extradited suspects from member states facing the death penalty or being charged with the same crime twice.

The EU maintains that the fears are unfounded. 'In our negotiations with the US, we've respected fundamental rights,' said a spokesman for the Council of Ministers.

'There is a consensus at the European level not to extradite anyone who might face the death penalty or double jeopardy,' he added, saying this was reflected in the clear and limited mandate Denmark had been given by member states.

He rejected a Statewatch call for a public debate over the implications of the proposed treaty.

'If we publish the mandate while the talks are in progress, we reveal our cards to the Americans,' the spokesman added.

• See also Data privacy fears in this issue.

EU Justice and Home Affairs Ministers met in Copenhagen on 13-14 September 2002 and discussed the draft of a 'secret' EU-US treaty on fighting terrorism that could infringe civil liberties, Statewatch (an independent watchdog) has warned.