AMNESTY INTERNATIONAL CONCERNED ABOUT EU CONVENTION ON EXTRADITION
Amnesty International (AI) is concerned that the EU Convention on Extradition will contribute to a further erosion of the right of asylum within the EU, despite a joint declaration on the right of asylum which is annexed to the Convention. The Convention was signed by the EU Justice and Home Affairs (JHA) Ministers at an informal meeting in Dublin, on 26-27 September. The following is quoted from an AI press release of 24 September.
Risk of extradition on arbitrary grounds
The wording of the Convention is extremely vague and cumbersome. Article 3 provides that an extraditable offence includes a "conspiracy or an association to commit offences". An "offence" is defined to include the vague formulation of "... creating a collective danger for persons". Article 3(4), meanwhile, could allow for the extradition of a person for political activities "even where that person does not take part in the actual execution of the offence or offences concerned". AI is concerned that a person may be extradited on what would otherwise be arbitrary grounds.
The Convention provides in Article 5 that a state may not refuse an extradition on the grounds that the offence concerned is politically motivated, while in Article 12 the Convention provides for the re-extradition of an individual to another member state, without the consent of the surrendering state seeking and obtaining guarantees in relation to any further removal from the receiving state.
AI is concerned that, with the entry into force of the Convention, those deemed to be involved in or support "terrorist causes" or those deemed to be a threat to "public order" to a member state of the EU may be excluded from refugee status and find themselves extradited, re-extradited or further removed to a country where they would face serious human rights violations.
The Convention needs to read in the light of the current issue of "terrorist offences", which at present is on the political agenda of many states and, more particularly, in conjunction with the draft United Kingdom Further Declaration in Implementation of the 1994 Declaration on Measures to Eliminate International Terrorism which is expected to be debated at the sixth Committee of the General Assembly of the United Nations this year.
AI states that: "The introduction of regional limitations to the right to seek and enjoy asylum could have long-term negative effects for the right to seek asylum not only in Europe but beyond".
Source: AI European Union Association, Rue du Commerce 70-72, B-1040 Brussels, Tel: +32/2 5021499; Fax: +32/2 5025686; E-mail: 101662.1314@compuserve.com; on Convention on Extradition see also FECL - [No. 45: "'Flexible' EU Convention on Extradition"](/artikel/4503/), - [No. 44: "Britain's mad cows blocked Justice and Home Affairs Council"](/artikel/4401/), - [No. 40: "K.4 Committee Draft Convention on Extradition"](/artikel/4001/).