EU-US treaty‘violates rights’

A controversial EU-US extradition agreement has been strongly criticised by Irish human rights groups.

The landmark treaty was agreed by EU justice ministers, including Michael McDowell, in Luxembourg last Friday.

The EU and the US are due to sign the agreement in Washington on June 25.

The agreement - the first of its type between the EU and the US - is part of Europe’s pledge to the US to help fight terrorism after the September 11 atrocities.

Amnesty Ireland and the Irish Council for Civil Liberties (ICCL) yesterday expressed serious concern at the treaty because of the increasing use of secret military courts in the US and the existence of the death penalty in various states.

“In the search for justice for the atrocities of September 11, the US continues to violate its obligations under international human rights and humanitarian law standards,” said Jim Loughran of Amnesty Ireland.

“These include its duties to uphold standards of fair trial and to protect against arbitrary detention.”

Mr Loughran added: “Amnesty International has repeatedly criticised the possibility of trials by executive military commissions with the power to hand down death sentences and no right to appeal.”

He also highlighted the continuing use of the US military base at Guantanamo Bay, where detainees exist in a legal “black hole”.

Mr Loughran said while under Article 13 of the agreement an EU member state “may” set a condition that the death penalty not be imposed or carried out, there is no “obligation” on the member state to set such a condition.

He said this obligation was enshrined in the European Convention on Human Rights and its absence left “an unacceptable margin of discretion”.

In addition, the US may impose the death penalty as long as it is not carried out, and detain the convict on death row, which could be regarded as inhuman and degrading.

Mr Loughran also said there was no mechanism to ensure the United States fulfilled its obligations not to carry out the death penalty.

The director of the ICCL Aisling Reidy said: “There is no provision as far as I can see guaranteeing fair trial in accordance with basic due process.

“The US has adopted a practice of trying people under military courts, which clearly don’t live up to standards of fair trial.”

She added: “It is taking away from the courts here any review of the legitimacy of extradition requests.”

“It’s not just about very serious offences. People can be extradited where the maximum sentence could be as little as one year.”

A Department of Justice spokesman said: “The EU and the US must be mindful of the guarantees under their respective legal systems which provide for the right to a fair trial for the accused, or an extradited person, including the right to adjudication by an impartial tribunal established pursuant to law.”

He said the EU had received guarantees the death penalty “will not be sought by the USA or where it is imposed, it will not be carried out”.