Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-06-08-Speech-3-664-000"
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"en.20110608.25.3-664-000"2
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"Mr President, thank you very much for this debate. It is clear that an overwhelming majority says that it is good that we have a cooperation system for our judiciaries, the European Arrest Warrant. The system works. It is not perfect. It should be improved further. We are, of course, open to more efficient use and better implementation. I agree that mistakes, arrests of innocent people, etc., should be avoided. Better implementation is, I think, in the interests of us all.
I would be more specific on two outstanding issues which were raised several times during the debate.
First, on proportionality: just to make it clear, a European Arrest Warrant can be issued to prosecute offences which are punishable by at least 12 months’ imprisonment, or to execute a sentence to at least 4 months’ imprisonment. This has been standard extradition practice for at least 50 years. It is enough to mention the 1957 Council of Europe Convention on Extradition.
In the fourth round of mutual evaluations on the practical implementation of the European Arrest Warrant in all Member States, it was found that only in a few countries were there examples of issuing European Arrest Warrants for relatively minor offences. It seems that, in those few countries, the practice was to issue a European Arrest Warrant every time a national arrest order was issued. In general terms, I believe that we should only use the costly system of the European Arrest Warrant for more serious offences. I think that those who mentioned this were right.
Concerning prison conditions: the Member States are under a general obligation to ensure that prison conditions are in accordance with the basic tenets of human dignity and do not violate the prohibition of inhuman and degrading treatment laid down in Article 3 of the European Convention on Human Rights. If people are detained in violation of their basic human rights, they can take action before domestic courts and, later, before the European Court of Human Rights. It is doubtful whether Article 85 of the Treaty provides a legal basis for legislative action at EU level on prison conditions as such. However, we are, of course, awaiting the Green Paper which the Commissioner has just mentioned with great interest."@en1
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