European Arrest Warrants

[the Black Prince]

WHY is it possible that someone in Britain can be arrested for something that is not illegal here, is not illegal in their own country (Australia) on the strength of a warrant issued in a country they have never set foot in (Germany) for a crime that was not committed in that country either?

Furthermore, why is it that the issuing country faces no requirement to even prove that a crime has been committed, the strength of a warrant alone being enough to incarcerate in violation of some of the most basic principles of English Criminal Law?

Why has this atrocity been allowed to exist???

[pwf224]

Just from reading your post, I agree with you in principle. However, I have no idea what you are referring to. Do you have a link or article or something that could give me some background as to where you are coming from?

[Heinz Guderian]

Is this about holocaust denial? I'm not arguing against your OP. But holocasut denial is a touchy subject. You do make a valid point. Mongrel will probably be able to answer this comprehensivey when he comes home after a day of pwning law breakers. I think he has a motorcycle and looks a bit like Sly Stallone.

[the Black Prince]

Aye, its about the Holocaust Denial, but the Crime is really irrelevant. If he broke a german law in germany and germany issued an EAW for him, backed by the evidence and he was picked up in the UK, fair enough.

But he's broken a german law in australia, which isn't a crime in either australia or the UK, and been arrested for it with no evidence presented. Thats scary, dangerous, and wrong.

[Heinz Guderian]

Aye, its about the Holocaust Denial, but the Crime is really irrelevant. If he broke a german law in germany and germany issued an EAW for him, backed by the evidence and he was picked up in the UK, fair enough.

But he's broken a german law in australia, which isn't a crime in either australia or the UK, and been arrested for it with no evidence presented. Thats scary, dangerous, and wrong.

we had a lecture at uni exactly about this topic and the remit of "freedom of speech". It got pretty heated. OK, if we assume this wasnt about the holocaust, then i would immediately think the EAW was BS. In this actual case, i think the German government is being pretty zealous, but it perhaps has a pretty strong reason why. Its hard to say, but i would probably lean towards the issuing of this warrant as being a little unfair

/steps carefully around subject.

[Richard]

Aye, its about the Holocaust Denial, but the Crime is really irrelevant. If he broke a german law in germany and germany issued an EAW for him, backed by the evidence and he was picked up in the UK, fair enough.

But he's broken a german law in australia, which isn't a crime in either australia or the UK, and been arrested for it with no evidence presented. Thats scary, dangerous, and wrong.

It is. This is like if I have anal sex with a chick in New Zealand, and go on holiday to the UK, can I be arrested there because I've broken Saudi law.

[wilpuri]

War is peace?

[Exarch]

because the germans are willing to bend over backwards to prove they arent the nazis from 70 years b4
pathetic really.
perhaps the phrase should be 'preparing to bend over for as long as possible until everyone remembers that german doesnt equate to nazism'

[Shaun]

Um, sources?

[the_mango55]

I didn't know anything about this, but it's pretty terrible.

Someone have a link?

[Ahlerich]

ya, difficult topic - a link that explain the situation is important, especially on this topic.
now i wont try to defend/explain the german law about holocaust denial and if its silly or not. that would be a seperate topic.

so what citizen is the arrested person, what was he doing/saying where and where did he get arrest, what for and what will happennext to the guy?

[Syron]

You're a Law graduate, you should know the "justice" system is more about keeping order than true justice.

[Каие]

Here's the source.
http://news.bbc.co.uk/1/hi/uk/7652274.stm


Although I disagree with what he is saying, for obvious reasons...he should NOT be handed over over to the Germans, or the EU, he can either stay here on political asylum until this law is repealed or he can go back home to Australia on similar guarantees. This whole EU thing is getting silly.

[Iscariott]

His views are nonsense. But seriously? How is the UK even considering extradition? Can the USA start demanding extradition for head shop owners and prostitutes in Amsterdam(thank <diety> not!)?

[the_mango55]

His views are nonsense. But seriously? How is the UK even considering extradition? Can the USA start demanding extradition for head shop owners and prostitutes in Amsterdam(thank <diety> not!)?

That stuff isn't federally illegal in the US, so they wouldn't bother with it.

It's left up to the states. Prostitution is legal in Nevada, and they recently had a vote to legalize marijuana (which failed).

[Strattios]

It would be an entirely different matter if the man broke the law while in Germany or threatened to kill Jews. However, the guy is saying an event didn't happen the way it is currently being betrayed. That is very common and shouldn't be grounds for arrest if he didn't say it in a country where it is illegal.

[Каие]

The US is another country exploiting it's extradition treaty with us.

[Garrigan]

*sigh* I hate to be the stereotpical brit...but

BLOODY EUROPEANS!!

hmm...could we pass a law making it illegal to be French, then arrest the whole lot!

[Каие]

I mean 1/4 of Brits think Churchill wasn't even a real person...should we arrest them on grounds of Churchill denial, and insulting our national heroes and revising history, offending the British people?

I don't think so.

[HorseArcher]

WHY is it possible that someone in Britain can be arrested for something that is not illegal here, is not illegal in their own country (Australia) on the strength of a warrant issued in a country they have never set foot in (Germany) for a crime that was not committed in that country either?

Furthermore, why is it that the issuing country faces no requirement to even prove that a crime has been committed, the strength of a warrant alone being enough to incarcerate in violation of some of the most basic principles of English Criminal Law?

Why has this atrocity been allowed to exist???

tBP, you're a law student as far as I remember, perhaps you could enlighten us why the GB cooperates with a German policy and law.

My opinion hasn't changed a bit about Germany and their laws and politics. Regardless of what is the date and age we are in, It's always radical, let it be left or right wing, they chose to walk the edge of the isle instead of following the golden middle road. It's the same reason why they managed to elect an Austrian immigrant as their chancellor and later fuhrer, who led them to devastation and misery. Today the aren't different at all, same , different day. The question of why Britain would bend backwards for this is mind boggling , but I guess GB chose to be a follower and an appeaser of other countries instead of looking up the laws written specifically for within the territory.