Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-09-01-Speech-1-070"
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"en.20080901.17.1-070"2
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".
Madam President, I know that I could never be accused of being a Tory, but I too voted against the European arrest warrant. The reason for this is not that I am against extradition, against suspects being handed over from one country to another. Actually I am very much for that. My problem at the time was that I believed that we had not put in place adequate regulations on the rights of suspects and that we should have done that at the same time. The procedural rights of defendants were not regulated. Despite the energy put into this and the excellent proposals that we are going to debate here today and which I am also in favour of, it remains a fact that we have still not got that proposal through which has been on the table for years and which is a crucial element to creating trust between Member States, and therefore also facilitating extradition.
I should very much like to hear from Minister Dati whether she also considers that proposal to be so crucial to our European cooperation, on what points it is still sticking in the Council and whether there is a possibility, in this energetic French Presidency, to make any headway with this issue of the rights of defendants. The fact of the matter is that this is really essential to facilitating extradition.
As far as the judgments
are concerned, it is good that the requirements as presently worded are being put in place for extradition. The question is: are they sufficient? You could infer from the political agreement within the Council that you should be given a retrial or that a possibility of appeal is sufficient. Can Minister Dati assure me that everyone has the right to a retrial? After all, an appeal does not give you all the chances and all the options that you have with a completely new trial. I really would like to hear, therefore, whether people do indeed have the right to a completely new trial and not only an appeal.
Now to my final point which I will keep short: we hear a great deal about what is needed to facilitate the work of the investigation authorities. We hear too little – or it is unorganised – about how things are with the loopholes in the area of defence, loopholes that are precisely because of the European cooperation. I hope that we will arrive at a Eurorights panel, an ombudspanel, so that we can see what loopholes there are in the area of defence, and so that we can find solutions for them together."@en1
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