The Human Rights Implications of UK Extradition Policy - Human Rights Joint Committee

Human Rights Joint Committee - Fifteenth Report
The Human Rights Implications of UK Extradition Policy

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 7 June 2011.

Contents

Terms of Reference

Balancing extradition and rights

Extradition Act 2003

The European Arrest Warrant

Bilateral treaties

Previous consideration of the Extradition Act 2003 by the Committee

Previous scrutiny of the extradition process

Renegotiation of the Framework Decision on the European Arrest Warrant

2 Human rights and extradition

Human Rights case law

General principles

Recent case-law

Effectiveness of the human rights bar to extradition in the Extradition Act 2003

The threshold for refusing extradition on human rights grounds

Extradition within the EU

Extradition to non-EU territories

Improving the effectiveness of the human rights bar

Increased judicial involvement in extradition process

Human rights in deportation cases compared to extradition cases

The rights of victims in the extradition process

3 Improving the protection of Human Rights in the Extradition Act 2003

Most appropriate forum provision

Previous attempts to introduce a forum bar

Evidence on forum safeguard

Prima facie case

Legal representation in extradition cases

Securing adequate protection of rights

4 The European Arrest Warrant

Advantages of the European Arrest Warrant

The system of mutual recognition

Proportionality and imbalance

Existing proportionality tests

Problems caused by the lack of a proportionality principle

Double criminality

Other concerns relating to the European arrest warrant

Use of the European arrest warrant for purposes of investigation

Removal of European arrest warrant requests

Time limits in the European Arrest Warrant

Other possible safeguards

5 The UK's bilateral extradition treaties

US-UK Extradition Treaty 2003

Balance of the US-UK Extradition Treaty

Fair Trial in the United States

Role of Secretary of State

6 European Investigation Order

Human rights implications of the European Investigation Order

Proportionality

Provision of information

Extradition and asylum

Universal Jurisdiction

Conclusions and recommendations

Declaration of Lords Interests

List of written evidence

List of Reports from the Committee during the current Parliament

List of Reports from the Committee during the last Session of Parliament

© Parliamentary copyright 2011
Prepared 22 June 2011