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Extradition requests and the abuse of process

Motion for a resolution | Doc. 14315 | 03 May 2017

Mr Emanuelis ZINGERIS, Lithuania, EPP/CD ; Ms Boriana ÅBERG, Sweden, EPP/CD ; Lord Donald ANDERSON, United Kingdom, SOC ; Mr Volodymyr ARIEV, Ukraine, EPP/CD ; Mr Vilhjálmur ÁRNASON, Iceland, EC ; Mr Damir ARNAUT, Bosnia and Herzegovina, EPP/CD ; Lord Richard BALFE, United Kingdom, EC ; Mr Tobias BILLSTRÖM, Sweden, EPP/CD ; Mr Alain DESTEXHE, Belgium, ALDE ; Alexander [The Earl of] DUNDEE, United Kingdom, EC ; Mr Nigel EVANS, United Kingdom, EC ; Lord George FOULKES, United Kingdom, SOC ; Mr Xavier GARCÍA ALBIOL, Spain, EPP/CD ; Mr José Ramón GARCÍA HERNÁNDEZ, Spain, EPP/CD ; Mr Oleksii GONCHARENKO, Ukraine, EC ; Mr Antonio GUTIÉRREZ, Spain, SOC ; Mr John HOWELL, United Kingdom, EC ; Mr Jovan JOVANOVIĆ, Serbia, ALDE ; Mr Giorgi KANDELAKI, Georgia, EPP/CD ; Mr Ian LIDDELL-GRAINGER, United Kingdom, EC ; Mr Jaak MADISON, Estonia, EC ; Mr Rónán MULLEN, Ireland, EPP/CD ; Mr Killion MUNYAMA, Poland, EPP/CD ; Ms Liliana PALIHOVICI, Republic of Moldova, EPP/CD ; Ms Agnieszka POMASKA, Poland, EPP/CD ; Ms María Concepción de SANTA ANA, Spain, EPP/CD ; Mr Senad ŠEPIĆ, Bosnia and Herzegovina, EPP/CD

The Parliamentary Assembly is concerned to ensure that there is no abuse of process in extradition requests across Europe. Reportedly certain member States have issued extradition orders for sentences resulting from trials which were probably politically motivated.

The Assembly should inquire into and report on how co-operation between Council of Europe member States can be improved regarding the identification and arrest of suspected criminals and terrorists, while ensuring that individual human rights are safeguarded. This is a particularly important objective in light of adverse media reports on the application and apparent abuse of the European Arrest Warrant system and Interpol Red Notices by governments of some member States seeking to extradite alleged criminals. A number of recent cases suggest that this procedure is open to politically motivated abuse in order to silence inconvenient critics and to preempt the fair application of the law.

The Assembly affirms its belief in freedom of speech, the presumption of innocence, the right to a fair trial and the protection of human rights. In order to ensure that these principles are upheld, the Assembly should review the mechanisms and procedures by which member States co-operate with one another in order to achieve these objectives.