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EU area of freedom, security and justice

December 12, 2001 12:00 AM
By Sarah Ludford MEP in European Parliament

In the fight for security from terrorism, we have rightly proclaimed that we are defending fundamental values but, if we compromise individual rights in the pursuit of security, we will have sacrificed some of what we hold so dear. In the last two years since Tampere, the programme of cooperation on justice matters has been heavily weighted to the security side of the scales - especially since 11 September with the anti-terrorism package. All this is necessary, but it is time to rebalance the work programme.

At the Laeken Summit, Heads of Government should commit themselves to a thorough review of the degree of respect in practice for the standards we have signed up to in the European Convention of Human Rights and the Charter of Fundamental Rights. There needs to be a programme to ensure observance of minimum standards of due process, fair trials in criminal proceedings and approximation of rights of defendants. We should project these standards in our international agreements because there are some worrying developments. In the UK, there are proposals for executive decisions for detention without trial and an attempt to avoid any significant degree of judicial review. In the United States, President Bush has signed an order providing for trial in military courts in the absence of fundamental safeguards for fair trial provided for in international law. The EU must not agree to any extradition agreement with the US whereby people could be convicted in these military tribunals.

Finally, the case of the 14 British and Dutch plane-spotters detained for nearly five weeks in Greece without trial is extremely disturbing. They have been denied bail, the evidence has been presented in secret and there has been no transparent schedule of court hearings. They may be guilty at most of a misdemeanour. It will be a disgrace if the European arrest warrant is agreed this weekend and this situation has still not been resolved. I call, in particular, on Prime Minister Blair to withhold agreement if they have not been either charged or released by Friday.

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