Extradition

Jim Fitzpatrick Excerpts

Thursday 24th November 2011 Westminster Hall

[Mr Raab]

That is exactly the point, and exactly why the assumptions that underwrite the European arrest warrant are fraudulent. I cannot think of any other way of putting it.

It is not good enough just to sit back and hit and hope on the Greek justice system getting better. For one thing, it may be getting worse. Transparency International’s corruption perceptions index is a well regarded measure of standards of justice in national administration and legal systems. On a score of one to 10—one being the most corrupt—Greece has fallen from 4.2 to 3.5 in the past 10 years.

Even if there were grounds for optimism that the Greek justice system would improve over time, which we all hope for, we need to protect our citizens right now—not in five or 10 years’ time, but today. That is why we need an amendment to the European arrest warrant framework decision, a prima facie test, a proportionality safeguard, and the other recommendations made by the Joint Committee on Human Rights.

In fairness to the Baker review, it acknowledged the case for an amendment to the EAW to accommodate a proportionality test, which is one of the other crucial safeguards that are required. However, in other areas the report ignores, almost wholesale, major flaws in the current arrangements. It casually disregards evidence that shows that warrants are being issued for investigation rather than for prosecution.

That important point is best illustrated by the evidence given by Michael Turner to the Joint Committee. Michael Turner set up a property business in Hungary in 2005. When it failed, as some business ventures do, he paid off his staff, filed for bankruptcy and returned to Britain. Three years later, he was extradited to a Hungarian jail, accused of defrauding on certain administration fees. He was detained in a prison that was formerly run by the KGB. He has now been allowed to return home, but he remains under investigation. At the time of the extradition, the Hungarian authorities assured the UK courts that they were ready to prosecute: that this was not a hit and hope; they were trial-ready. Yet six years after the alleged offence took place, Mr Turner has not been charged with any crime whatever. The extradition that threw his life into turmoil was little more than a hit and hope fishing expedition. Again, the Baker report remains oblivious, if not blind, to the basic injustice and the human toll that that kind of ordeal takes on those affected. I am talking about not just the victims but the families.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I congratulate the hon. Gentleman on securing this debate. During the course of his research, has he had the chance to look at the case of Babar Ahmad, who is a constituent of my right hon. Friend the Member for Tooting (Sadiq Khan), the shadow Justice Secretary? My right hon. Friend is in his place in this Chamber, but protocol restricts him from speaking in this debate. Babar Ahmad has been in detention for seven years. Can the hon. Gentleman qualify the validity of the fact that Babar Ahmad has not been able to be extradited, deported or tried in the UK, but languishes in a detention centre?

[Mr Raab]

I thank the hon. Gentleman for his remarks. I want to be careful about what I say about the Babar Ahmad case. We must bear in mind the fact that, whatever the nature of the allegations—some of the individuals in the cases that I have mentioned are plainly and demonstrably innocent—we are dealing with that basic principle of British justice that a person is innocent until proven guilty. We are losing sight of that in this country. Irrespective of the nature of the allegations against Babar Ahmad, and I do not deny for one second that they are grave, the period of pre-trial detention is unacceptably high and should be looked at carefully within the scope of the UK-US treaty in relation to both the “most appropriate forum” safeguard and the other safeguards that might be available.