Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-10-22-Speech-2-190"
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"en.20021022.7.2-190"2
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". – The European Union is founded on the principles of liberty, democracy and respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States. They have been recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights. The Commission is therefore unaware of any legal arrangements governing political prisoners in the democracies of the European Union, since the mere notion of political prisoners, that is, people who have been in prison or prosecuted only for political reasons or opinions, would be against those founding principles of the Union.
As regards extradition between Member States, therefore, mutual confidence in the national judicial systems has resulted in revision of the political offence derogation in relation to terrorist crimes.
Article 5(1) of the 1996 Convention relating to extradition between the Member States of the European Union, which supplements the European Convention on Extradition of 13 December 1957 thus states: 'For the purposes of applying this Convention, no offence may be regarded by the requested Member State as a political offence, as an offence connected with a political offence or an offence inspired by political motives.' This statement covers the terrorist offences referred to in the first and second articles of the 1977 European Convention on the Suppression of Terrorism, to which all Member States of the Union are party.
The Council framework decision of 13 June 2002 on the European arrest warrant, which will soon replace the previous extradition system, includes terrorism among the offences that will give rise to surrender, pursuant to a European arrest warrant, provided the offence is punishable in the issuing Member State by a custodial sentence or detention order for a maximum period of at least three years. The political nature of the offence cannot be put forward as grounds for non-execution.
Finally, the Council framework decision of 13 June 2002 on combating terrorism establishes a common definition of terrorist offences. It lists serious crimes deemed to be terrorist offences, when committed with the aim of seriously intimidating a population and unduly compelling a government or international organisation to perform or abstain from performing any act, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation. In this definition, reference to ideological motives is therefore irrelevant, both for defining a terrorist offence or avoiding considering it as such."@en1
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