Campaigners fight on for arrest warrant safeguards

Date: 14/02/02

By Martin Banks

MEPs and civil liberties groups this week pledged to press ahead with their demand for the new EU arrest warrant to include a habeas corpus safeguard to prevent detainees being held for excessive periods.

While last week's plenary meeting in Strasbourg voted to support the warrant, which will fast-track extradition procedures, there was a setback for supporters of the habeas corpus provision which would ensure suspects could be held for no longer than 110 days.

An amendment calling for the warrant to incorporate the safeguard, put forward by Scottish nationalists Sir Neil MacCormick and Ian Hudghton, won the backing of only 155 of the 626 MEPs.

However, its supporters say they will not give up their fight .

MacCormick, a constitutional expert, said that by rejecting the measure members had deprived the public of a legal remedy that 'for centuries has been considered as an essential bulwark of their liberty'.

'I am disappointed that the amendment was not carried but delighted that it received such cross-party support.

'We will now build on this substantial backing to persuade the Council and Commission not to extend powers of prosecuting authorities to effect arrests in other jurisdictions without ensuring that the courts in the country executing the warrant can revoke it if it is abused.

'If it is not abused, the remedy will not be used. If the remedy exists, abuse is less likely,' he added.

Dutch Green member Kathalijne Buitenweg echoed MacCormick's concerns, saying: 'The warrant must be balanced with substance and agreed minimum standards.' Following the vote, all 15 EU members are expected to bring the arrest warrant into national law by January 2004.

MEPs and civil liberties groups have pledged to press ahead with their demand for the new EU arrest warrant to include a habeas corpus safeguard to prevent detainees being held for excessive periods.