Human rights and the future of extradition in the European Union: Implications of recent case law in the United Kingdom, France and Spain Human rights and the future of extradition in the European Union: Implications of recent case law in the United Kingdom, France and Spain * Susie Alegre** I. Introduction The Council Framework Decision on the European arrest warrant and surrender procedures between Member States' (EAW) epitomises the principle of mutual recognition by which judicial decisions in one Member State must be recognised and enforced by judicial authorities in other Member States on the understanding that, while legal systems may differ, the results reached by all EU judicial authorities should be accepted as equivalent) It has been said that "[o]ne of the important aspects of this whole issue is that the concept of pure mutual recognition is itself so radical, at least at first blush, that it is important that the initial instruments actually work in practice, to give the process of negotiation momentum and credibility, m How smoothly the EAW system runs in practice will be a test of the actual levels of mutual trust between judicial authorities of Member States as opposed to the governments of Member States. The absence of any EU procedural code dealing with due process and providing minimum standards of respect of the human rights of suspects and defendants at the time of inception of the EAW, is likely to pose the greatest difficulty for executing judicial authorities. Article 1 (3) of the Framework Decision specifies that: "This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union." The difficulty is likely to arise, however, in the different ways in which each Member State interprets and enforces those rights; and this difficulty will be exacerbated by the different roles assumed by the judiciary in different Member States in enforcing those rights. In the past, allegations that extradition would result in a serious breach of human rights have been difficult to sustain before the courts or the minister responsible for taking the final decision in extradition cases involving Member States. This has, in relation to allegations of a breach of fair trial rights, largely been based on the principle that: This article is based on a presentation given by the author at the ERA Conference "From Extradition to the European Arrest Warrant: Making the New System Work" in Trier. 15-17 May 2003 and supplemented by research which has formed part of a wider project on the European Arrest Warrant which will result in the publication of a JUSTICE report "The European Arrest Warrant - A solution ahead of its time" due to be published in November 2004. ~" Susie Alegre, Executive Officer for Human Rights in the EU at Amnesty International EU Office. Brussels, and Barrister at Outer Temple Chambers, London. Of 13 June 2002, OJ L 190 of 18.07.2002, p. 1. 2 See Joined Cases C-187/01 and C-385/01 Hiiseyin Gdziitok and Klaus Briigge [2003] ECR 1-1345 Lorna Harris, "Mutual Recognition from a Practical Point of View" in Gilles de Kerchove etAnne Weyembergh (eds.), T 9 L'espace pdnal europ~en ." enjeux et perspectives, Editions ULB 200_, at p.110. 63