Human rights groups express concern over EU-US extradition deal

Date: 05/06/03

By David Cronin

HUMAN rights organizations have criticized an accord paving the way for the extradition of alleged terrorists to the US for lacking watertight safeguards to ensure that suspects will not face the death penalty.

EU justice ministers are due to rubber-stamp the agreement at their meeting in Luxembourg today (5 June).

Although the 11 September 2001 attacks prompted the Union to work more closely with America on police and judicial cooperation, the 15 member states were unable to finalize the accord until now.

Progress had been stalled due to French concerns over so-called competing demands, where a suspect is sought both by the US and by an EU member state.

Justice officials say this hurdle has recently been cleared, with Paris accepting a compromise.

One source explained that a clause inserted in the accord stops short of explicitly giving a guarantee, sought by the French, that an EU state would be given preference over the US in the case of both seeking the same suspect.

Amnesty International has expressed disappointment at the agreement.

An analysis by the human rights watchdog says that, unlike several bilateral deals between individual European governments and Washington, there would be no obligation under the present accord for an EU state to refuse an extradition if the US does not guarantee a suspect will not be executed.

Dick Oosting, director of Amnesty's Brussels office, also said that the deal contains "serious flaws" in not dealing sufficiently with fair trial issues. It also overlooks the possibility that people extradited from Europe could be tried in military commissions such as those envisaged for detainees, accused of al-Qaeda and Taliban involvement, in the US-run prison camp in Guantanamo Bay, Cuba, he warns.

"The wording of the agreement is ambiguous."

"We can assume this ambiguity is a response to US resistance to explicit reference to international human rights standards."

EU ministers agreed a deal with the United States on 5 June 2003 paving the way for the extradition of alleged terrorists to the US. The agreement has angered human rights groups who claim that the deal does not allow an EU country to refuse extradition if there is a possibility the suspect will be executed.