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Unequal extradition hurdles a case of US and them
Posted 11/07/2007 by Simon Davis
So, Gordon Brown is going to have a look again at the extradition arrangements with the US. This is good news, but let us hope that it focuses on the real issue: why are we almost unique in agreeing to extradite our nationals to the US at all?
So far, much of the debate has focused on the inequality of the extradition arrangements, with the test for extradition from the US being higher than the test for extradition to the US. But once you offer a relatively low extradition hurdle (and it is worth remembering that the UK does this with a number of countries, not just the US), you are not going to get very far in complaining that certain other countries have a different barrier.
Much more interesting is why we agree to extradite our own nationals to the US. Most European countries decline to do so. If we are to adopt a harmonised approach to this issue across Europe, how about everyone agreeing to extradite their nationals to the US or none of us?
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Comments
I think it's more a question of determining the proper forum for trial, rather than a blanket refusal to extradite. Extradition laws were properly designed to return defendants who have fled a country, to face trial in that country's jurisdiction, for conduct that is alleged to have caused harm in that country.
However, since it appears this basic principle is being routinely ignored for political expediency, judicial determination of the correct forum for any trial should be key. Sadly this forms no part of our current extradition laws, and thus a major flaw to my mind.
Much of the high-profile opposition to certain cases would not necessarily have emerged, had a forum test been required to apply, prior to extradition.
Posted by Melanie Riley | 25/07/2007