Ben Kelly: The European Arrest Warrant: a useful tool (for a tyrant)

Posted: November 20, 2014 by tallbloke in government, Incompetence, Legal
Tags: ,

Reblogged from Libertarian Home

'Garage 'as got my gloody gottle of geer in 'is cocket'

‘Garage ‘as got my gloody gottle of geer in ‘is cocket’

The erosion of liberty continues apace. Watching it happen over time is like observing the crumbling white cliffs growing ever weaker as the waves crash into them. It is generally a gradual, continuous process but eventually comes the moment when a great chunk crumbles into the sea and is washed utterly away. Today is such a day; a sad day for Britain and a shaming one for Parliament. Most distressing of all is how few people are aware of it, and how even fewer seem to care. Make no mistake; this is a significant time in British history, one that will be studied far into the future. We are in the late stages of a long process in which we are willingly surrendering the independence of our legal system. It is the Conservative Party that is leading us down the dark, illiberal path to subjugation. For shame.

David Cameron has tried to portray himself as some kind of British bulldog fighting our corner in Brussels, he even disingenuously claimed to have secured the “greatest ever return of powers to the UK”.  In May the Government opted out of 100 trivial criminal justice measures that have already been duplicated by national legislation or had never actually applied in the UK in the first place. The 35 measures that the Government have opted back into are the most dangerous and illiberal and consist of a large scale transfer of sovereignty to the European Union. It is nothing less than a step towards the usurpation of the English legal system, which is necessary if we are to be fully integrated into the political state and be part of a common EU criminal justice system. Of all these measures there are none more potentially tyrannical than the European Arrest Warrant.

Not only does is it a total violation of our sovereignty, meaning we have to surrender our own citizens to other EU states on request. It is also another dangerous power for the British state to use and abuse at will. Only a fool trusts in the fear mongering line of defence that the EAW is an absolute necessity to defend us against the great bogeymen of our time, terrorists and paedophiles. It was possible to extradite terror suspects and sex offenders before the European Arrest Warrant was created and would be if were to remove ourselves from its jurisdiction. Furthermore, only a tiny amount of the people arrested under the EAW are accused of terrorism. Opting out of the EAW simply means that we would revert to having extradition agreements that we had before, the kind we have with many non-EU states

How often is the line carted out that the EAW is a “useful” or “essential tool” that the police and security services need in their arsenal? It gives the impression that the British authorities are deft craftsmen who will only use the “useful” tool when absolutely necessary and appropriate. One of the primary considerations when restraining the state is to think of how a certain power, or law, can go beyond whatever its original purpose was and lead to abuse or misuse in the future. An example might be when the social services and police hysterically overreact when a mother and father decide to remove their son from NHS careand seek treatment elsewhere. Oh well, he was only traumatised a little, and they were only held without cause, evidence or trial for a few day. Alls well than ends well.

This argument must be treated with the contempt is deserves. If we gave the police and security services every “useful tool” they asked for we would not have a shred of liberty left.   The same propaganda is used to justify identity cards (which would’ve sealed our identity as serfs), 90 day detention, secret courts and mass surveillance. This is to be placed in the file which reads “if you have nothing to hide, you have nothing to fear”– the mantra of the slave.

Under the European Arrest Warrant no evidence is required to justify extradition and in any case British courts have absolutely no power to consider whatever evidence there may be. It is a trivial bureaucratic matter, in other words, a simple form has to be filled in and then a British citizen can be carted off to a court in a foreign judicial system. That’s it, plain and simple; our centuries old protections of liberty can be dismissed arbitrarily because of a vague accusation made in another EU state without any evidence being provided. Not a peep of protest from EU fanatics, neither from the so-called “liberal” left who caused an uproar when the USA issued an extradition order for Gary McKinnon but raise no objections about the EAW when its tyrannical sights were set on Andrew Symeou or the King family orKeith Hainsworth (and there are many lower profile injustices). Incidentally, if Gary McKinnon was wanted in an EU country he would have been cuffed and extradited hastily back in 2002.

Extradition between countries is often necessary, however, it is surely only right and correct that before the suspect is extradited a court should consider if there is a case to answer? There would be an uproar if somebody was held on remand in Britain without any evidence of wrongdoing, how can anybody (let alone a self styled conservative or liberal) support a situation in which someone can be dragged off to another country without a court in Britain being able to look at the evidence?

This is the crux of the matter. This European Arrest Warrant is a disgraceful interference in our internal affairs, a further blow to liberty and a violation of our national independence. It is one step further towards a pan-European criminal justice system. Theresa May’s amendments and guarantees are flimsy and it is the EU parliament that decides when they apply, not our own. Britain has, or rather had, some great pioneering traditions of liberty; Habeas Corpus, the presumption of innocence and the guarantee of a fair trial by jury to name but a few. Today in parliament they have been disgraced and we have been betrayed.

  1. Ben Kelly says:

    Thanks Roger! Also, anyone who wants to follow me on Twitter can do: @thescepticisle

  2. tallbloke says:

    Thank you Ben, great article. The coincidence of this giving away of our sovereignty and the 800th anniversary of Magna Carta next year makes the 2015 general election all the more urgent for lovers of liberty.

  3. p.g.sharrow says:

    The Chains of Slavery are Forged One Link at a Time. Any “tools” given to bureaucrats will be misused by some of them, They Have Too! It is their job and nature. pg

  4. Stephen Richards says:

    Which one’s the puppet in that picture. Big ears ?

  5. The USA and several countries in Europe are committing cultural suicide. Liberal progressives are in charge and they believe in “Multiculturalism” which aims to tear down the achievements of our Judeo-Christian culture while promoting the dismal philosophy of Islam and Sharia law.

    You have to love California and Michigan for taking liberal ideology to extremes so the rest of us won’t have to, yet they are not even close to the lunacy that has infected Sweden:

  6. I am a legal immigrant to the USA. It took me ten years to jump through all the hoops as my company sent me to Brussels a few months before the five year process was completed. I had to start over on my return.

    I favor a rapid process that would grant work permits within a matter of weeks to anyone with skills that are in demand. After working in the USA for five years one should be able to apply for permanent residence or citizenship. I am totally opposed to opening our borders to people who are here in defiance to our laws. In a republic you obey all the laws……not just the ones you like.

    Like Barack Obama, Vladimir Putin recognizes that Russia needs immigrants. Here is an excerpt form a speech that he made recently. The last paragraph makes a great deal of sense:

    “First, we must refuse entry to Russia (for five to 10 years and maybe more) to those who have been caught on repeated flagrant violations of migration legislation or have been expelled from the country by a court decision.

    Second, we must toughen penalties against those who encourage illegal immigration. Your chief has made several proposals concerning both companies and individuals – those who organise flows of illegal immigrants, hire people without any work permits and use them as slaves, and those who provide all kinds of hostels and flophouses for illegal guest workers. Currently most of these violations are punishable by symbolic fines. The migration service is virtually helpless – there is no point in holding you responsible for failing to use instruments that do not exist in our law. I think that these violations should involve criminal penalties. If need be, we must make amendments to Article 322 of the Criminal Code and other legal acts.

    I’d like to say a few words about the important issue of the quality of guest workers. We must give preferences to qualified foreign workers that are compatible with our culture and customs. This practice exists in all civilised countries and Russia must not be an exception. Russia must not be a country that anyone can enter whenever and however he likes.”