BFF-46 EU extraditions to Britain should continue until Brexit: court

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BFF-46

BRITAIN-EU-BREXIT

EU extraditions to Britain should continue until Brexit: court

LUXEMBOURG, Sept 19, 2018 (BSS/AFP) – EU countries should continue
extraditing criminal suspects to Britain until it leaves the bloc, the
union’s top court ruled Wednesday, rejecting a bid by a murder suspect to use
Brexit to avoid facing justice.

A man suspected of murder, rape and arson challenged a European Arrest
Warrant (EAW) issued by Britain after he was detained in Ireland, arguing
that the UK’s decision to leave the EU meant it was not clear that his rights
would be guaranteed.

But the European Court of Justice (ECJ) in Luxembourg ruled that Britain’s
June 2016 vote to leave had no bearing on such warrants so long as it
remained part of the EU.

“The notification by a member state of its intention to withdraw from the
Union in accordance with Article 50 (of the EU treaty) does not have the
effect of suspending the application of EU law in that member state,” the
court said.

The “principles of mutual trust and mutual recognition” continue until
Brexit day — March 29 next year, it added.

“The court concludes therefore that mere notification by a member state of
its intention to withdraw from the European Union is not an ‘exceptional’
circumstance capable of justifying a refusal to execute an EAW issued by that
Member State.”

The European Arrest Warrant system allows EU countries to request the
extradition of suspects from other member states, with very few reasons
allowed for refusal.

The suspect in the current case, identified only as “RO”, was arrested in
Ireland in 2016 on the British warrant and appealed to the Irish High Court
on grounds including issues related to Brexit.

The Irish court then asked the ECJ to rule whether it should refuse to
surrender the suspect due to “the uncertainty as to the arrangements which
will be put in place after the UK’s withdrawal.”

The ECJ said courts should only refuse an arrest warrant from a state
leaving the EU if there are “substantial grounds” to believe there is a risk
of the suspect being deprived of his or her rights.

BSS/AFP/FI/ 1546 hrs