extradition european arrest warrant - Fair Trials International

EXTRADITION
EUROPEAN ARREST WARRANT
Fair Trials International
3/7 Temple Chambers
Temple Avenue
EC4Y 0HP
United Kingdom
www.fairtrials.net
office@fairtrials.net
T: 00 44 (0) 20 7822 2370
F: 00 44 (0) 20 7822 2371
This leaflet covers:
1. Frequently Asked Questions
2. The extradition process
3. General advice on extradition
4. Information about Fair Trials International and what we can do for you
This factsheet (updated in August 2009) offers basic information about the European Arrest
Warrant. It is not intended to constitute legal advice.
We strongly recommend that you seek specialist legal advice if you are subject to an
extradition request or believe that you might be subject to such a request.
You should seek advice in the country which has received the request for your extradition
and the country that has requested your extradition.
FAIR TRIALS INTERNATIONAL - 2011

FREQUENTLY ASKED QUESTIONS
Please see below brief answers to some of the most commonly asked questions about the
European Arrest Warrant.
Note: There may also be an international arrest warrant that will allow for your arrest outside
Europe.
1. What is a European Arrest Warrant (EAW)
An EAW is a legal document authorising your arrest in connection with a crime and your
transfer (“surrender”) to another country either to face trial or to serve a prison sentence.
2. In what circumstances can an EAW be issued against me
An EAW can be issued against you if you have been charged with a criminal offence in a
European Union (EU) Member State, and that State wants you to face trial there. It can also
be issued if you have been tried and convicted in an EU Member State and that State wants
you to serve your prison sentence there.
3. What kind of offences can an EAW apply to
An EAW can be issued for a wide range of offences from involvement in serious organised
crime and terrorism to more minor offences like theft. In some cases you can be extradited
even if the alleged activity is not a criminal offence in the country considering the extradition
request.
4. Can I find out whether there is an EAW against me
There is currently no straightforward system to find out whether there is an EAW against
you. As the purpose of the warrant is to obtain your arrest, the police will not disclose this
information to you in case you abscond.
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5. Can the judge or the Government stop my extradition
It is the Court’s decision whether to extradite you – the Government has no role in the
decision.
The key grounds on which a court can refuse your extradition under an EAW include:
You are not the person named in the EAW or the EAW has not been properly
completed;
You have already been convicted or acquitted by a court in another Member State in
respect of the same offence;
In some countries, if an unreasonable period of time has passed since the events
concerned;
The time limit for prosecuting you for the offence has expired; or
You have not reached the age of criminal responsibility under the national laws of the
State from which your extradition is requested.
In principle, you should not be extradited if you can prove that your human rights have been
or will be violated in the country seeking your extradition. It is however difficult in practice to
resist extradition on this ground.
6. The Court has decided not to extradite me, am I free to travel now
Once the court of one country has decided not to extradite you, you will not be subject to
further arrest on the same EAW in that country.
However, the country that requested your extradition will still be able to seek your extradition
from other countries. Therefore, your name will still be on the Europe-wide police alert
system, and you will be at risk of being arrested and extradited if you travel to another
country.
Example: Germany seeks your extradition. You are arrested in Poland but the Polish court
decides not to extradite you. You are safe to stay in Poland. However, if you decide to leave
Poland and visit another country, you risk being arrested and facing a new extradition
procedure.
FAIR TRIALS INTERNATIONAL - 2011

THE EXTRADITION PROCESS UNDER AN EAW
The process that is followed will vary from country to country. The following is an outline of
the process that is followed where you are arrested under an EAW in the United Kingdom.
Note: There may also be an international arrest warrant that will allow for your arrest outside
Europe.
1. If there is an EAW against me, will I get arrested by the police
Once there is an EAW against you, your name will be on the Europe-wide police database in
the 27 EU countries. You may then be arrested in any of these countries.
The police may contact you by telephoning your home and asking you to attend a local
police station. They choose to visit you at a known address and serve the Warrant on you
there. Arrests commonly also take place when people cross a border.
It is important that you seek legal advice as soon as any of these things happen.
2. Will I have to go to court
Normally, within a few days of your arrest, there will be an initial court hearing where the
judge will:
Seek confirmation that you are the person named on the Warrant;
Explain the reasons for your arrest under the EAW;
Explain to you that you may consent to return to the country which issued the EAW;
Determine the date upon which the extradition hearing will be held if you choose not
to consent. This should be within 21 days of the arrest; and
Decide whether to keep you in custody until the extradition hearing or whether to
grant bail.
If you choose not to consent to the extradition there will then be an extradition hearing. At
this hearing the judge decides:
Whether the offence is extraditable;
Whether there are any bars to extradition;
Whether extradition is compatible with your rights under the European Convention on
Human Rights.
If there are no bars or incompatibilities then the judge must order your extradition.
FAIR TRIALS INTERNATIONAL - 2011

3. Can I appeal against a decision to extradite me
It is possible to appeal against a decision to extradite you. In the UK, appeals must be
lodged within 7 days of the court’s extradition order and the appeal is heard by the High
Court. In exceptional cases, you may have a further right of appeal (in the UK, to the
Supreme Court).
4. When will extradition take place
The European Arrest Warrant was designed to speed up extradition and the legislation
creating it has set very tight timeframes from 10 days when you consent to extradition to 60
or 90 days. In practice however, the period of time will depend on the complexity of the case
and whether or not you challenge your extradition and exercise your rights of appeal.
5. Can I be prosecuted for something other than the offence mentioned in the
warrant
In general, you can only be prosecuted for the offence described in the EAW. If you are
concerned about other offences, it may be important to raise this with your lawyer so that
you get the right advice.
6. Should I consent to extradition
It is impossible to provide a general answer to this question. You should obtain specialist
legal advice before making this decision and, where possible, you should also obtain advice
from a lawyer in the country requesting your extradition.
You should, in particular, discuss the following with your lawyers:
Your chances of successfully challenging your extradition;
Whether you are likely to be granted bail during any extradition proceedings;
What impact your decision to consent to extradition would have on your treatment in
the country requesting it;
The amount of time you would have to spend in custody in the country requesting
your extradition before any trial starts; and
The likelihood that you will be convicted if you are extradited and the likely sentence.
7. What if I was found guilty in my absence
It may be the case that a foreign court has found you guilty in your absence and you were
not informed of the trial. If you are later arrested and extradited, you should normally be
granted a new hearing in the country that has requested your return.
FAIR TRIALS INTERNATIONAL - 2011

GENERAL ADVICE
• Legal representation
You need to appoint a lawyer as soon as possible after you have been arrested on an EAW.
In the country where you are arrested
There are specialist extradition lawyers you may wish to appoint in the country of arrest. FTI
can suggest extradition lawyers for you to contact.
In the UK, some lawyers with experience are:
Karen Todner
Kaim Todner Solicitors
City of London Offices:
5 St. Bride Street
LONDON
EC4A 4AS
Tel: 020 7353 6660
Sian Williams
Hallinan, Blackburn Gittings & Nott.
Suite 22
Westminster Palace Gardens
Artillery Row
London
SW1P 1RR
Tel: 020 7233 3999
In the country seeking your extradition:
Fair Trials International might be able to help you locate a lawyer (see later). Your consulate
may also be able to assist with this.
Questions to ask to a lawyer in the country of arrest:
- Ask your lawyer whether you can get legal aid;
- Ask about bail;
- Ask about how you could resist extradition, and whether your extradition is
compatible with your human rights (giving him any relevant information, for example about
your state of health or your family situation).
Questions to ask to your lawyer in the country seeking your extradition:
- It is important to get information on the case against you. Ask your lawyer to request
as much information as possible from the Court or the Prosecution;
- Ask about legal aid;
- Ask about general rules regarding access to a lawyer (will s/he be present during
police interview);
- Ask about your chances of getting bail pending trial;
- Ask about the detention conditions if you were to be held on remand awaiting trial.
FAIR TRIALS INTERNATIONAL - 2011

Communication issues
In a foreign country, communication can be a challenge. You should seek information about
your right to have an interpreter present at police interviews and during court hearings.
Get information about your right to contact your family and friends. You are allowed to inform
your consulate of your extradition and subsequent imprisonment.
About Fair Trials International
Fair Trials International is a unique human rights charity. We campaign for fundamental
rights for people facing the ordeal of criminal charges in a country other than their own. In
addition to providing legal assistance and advocacy to individuals in need, we fight the
underlying causes of injustice in cross-border cases through our policy interventions,
research and training.
FTI works all over the world and with clients of any nationality. If you are facing a criminal
investigation or charges outside your home country, or believe you have been the victim of a
miscarriage of justice, we may be able to help you. We are not able to help with cases in
your home country.
For more information on what we can and cannot do for you please go to
http://www.fairtrials.net/need_help/
Justice in Europe Campaign: The Arrest Warrant
We are campaigning for a fairer system of extradition within Europe. The current system
must be improved so it delivers rather than undermines justice. We will highlight compelling
cases of injustice to prove change is needed. We will challenge inappropriate uses of the
Warrant in the courts. We will lobby politicians to change to the laws that created the
Warrant.
For more information on our Justice in Europe campaign visit:
http://www.fairtrials.net/campaigns/article/justice_in_europe/
Support us:
Fair Trials International relies on donations from both individuals and charitable
organisations to continue its vital work. Your support is urgently needed to fund our everincreasing
caseload and our campaign to promote fair trials according to international
standards of justice.
For information on how to support our work: http://www.fairtrials.net/site/article/support_us/
FAIR TRIALS INTERNATIONAL - 2011

Important notice
This factsheet (updated in September 2009) offers basic information about the European
Arrest Warrant. The factsheet is intended for information purposes only. It is not intended to
constitute, nor does it constitute legal advice. Fair Trials International recommends that
professional legal advice should always be sought. The information contained in this
factsheet is subject to change and may not be up-to-date or accurate. Fair Trials
International gives no warranty and makes no representation regarding the accuracy or
completeness of the information provided. Fair Trials International will not be held
responsible for any loss or damage arising from the use of the information provided. It is not
a substitute for legal advice.
If you think an important question is not covered in this leaflet, please let us know by
emailing: casework@fairtrials.net
If you require this leaflet in large print, please contact us:
Tel: +44 (0)20 7762 6400
Fax: +44 (0)20 7762 6401
59 Carter Lane, London EC4V 5AQ
United Kingdom
FAIR TRIALS INTERNATIONAL - 2011