Hands Off Cain

European Union justice ministers gave the go-ahead...

European Union justice ministers gave the go-ahead for negotiations on an EU-US extradition and judicial co-operation agreement, but proposed conditions that the Americans seem unlikely to accept

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European Union justice ministers gave the go-ahead for negotiations on an EU-US extradition and judicial co-operation agreement, but proposed conditions that the Americans seem unlikely to accept.
In the aftermath of the September 11 terrorist attacks on the US, the two sides have sought ways to reinforce legal co-operation. An EU-US agreement is supposed to build on existing bilateral pacts and assist the fight against terrorism and organised crime. Europe has already met some US concerns by outlawing some terrorist groups and agreeing on a common EU arrest warrant. However, extradition is another matter. Led by Germany and Portugal, the EU is demanding guarantees that persons extradited would not be subject to the death penalty.
Europe will also seek a US promise that suspects extradited would not face life imprisonment or trial by special tribunals. Washington has already suggested that it opposes this type of blanket guarantee, preferring to operate on a case-by-case basis. Some EU states even favour withholding information from US authorities where there is a possibility it could be used in a capital case.
Angel Acebes, Spanish justice minister and chairman of the meeting, described the negotiating mandate as a "remarkable step forward in judicial co-operation".
However, EU diplomats were more cautious. "What we have at the moment is more like a shopping list than a precise description of what our bottom line is," said one. "The US has already made clear that it has difficulties with much of it. We'll have to be flexible in the negotiations."
An American official said: "We are looking forward to seeing the details of the negotiating mandate."
SOURCES
  • (Sources: Financial Times, 27/04/2002)