Assange Extradition Shows EU Power Over British Law

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Assange Extradition Shows EU Power Over British Law

The extradition of an Australian citizen from Britain to Europe shows the power of European Union law.

The Swedish case against WikiLeaks founder Julian Assange is a clear example of the loss of the once-globally admired system of British justice caused by the implementation of the European Arrest Warrant (eaw).

Whether or not Mr. Assange is guilty of the accusations brought against him in Sweden, this case clearly demonstrates that, under the eaw, the British courts have no right to take into account the evidence against an accused Briton or foreign guest in Britain. It is a clear case of the once-sovereign British law being trumped by EU imperial law.

In fact, under the all-powerful eaw, EU law even trumps the sovereign law of any nation to which a foreign national is subject in his own country, if that foreign national is charged under EU law while resident in Britain.

Speaking to a crowd of journalists from around the world, Member of the European Parliament Gerard Batten said: “[Under the eaw] extradition has now become ‘judicial surrender’ and extradition reduced to a mere bureaucratic formality. British courts have been emasculated of their ability to protect the rights of accused persons from unjust arrest and imprisonment in relation to the eaw and their extradition to any EU member state.”

Mr. Batten further said that what is particularly sad is that Britain, the very home of the defense of freedom and the right of speech, is simply not allowed to hear prima facie evidence in an allegation before granting extradition to another EU member state.

He continued: “The ancient rights of the English (and our guests) to be protected by the courts has been removed because of the headlong flight to create a common European system of criminal law. Unfortunately for Mr. Assange his case will shine a light on the diabolical injustices being done to British citizens by the European Arrest Warrant.”

Around three people each day are now extradited from Britain to one of the 26 other EU countries. Most cases are for very trivial civil matters—certainly not for terrorist-related offenses, which was the argument on which the eaw was sold by EU elites to voters during the prevailing anti-terrorist mood just one week after 9/11.

Michael Howie wrote in the Telegraph on December 18 that “judges are sending people abroad with ‘no questions asked’ at the behest of foreign countries, often over allegations of petty crimes or offenses committed many years ago, and with little regard to potentially serious human rights abuses. … Last year Britain received more than 4,000 extradition requests from other EU states. … Meanwhile, the UK, which unlike some countries does not seek extradition for minor offenses, made only 220 requests to other European countries.”

And the “justice deficit” in the EU is only going to get much worse. In January 2011, the European Evidence Warrant will come into effect. It requires all EU states to give automatic recognition to search warrants issued by other member states and gives EU member countries the right to demand surveillance on a UK resident who has returned home, and access to his or her bank records.

This whole process has echoes of darker days that prevailed in Europe under a similarly inquisitorial system some 70 years ago.

Read our booklet Germany and the Holy Roman Empire for insight into the real source of the eaw and where it is heading in relation to its impact on the future of Britain, Europe and the rest of the world.