EN Official Journal of the European Union CE 84/670

(2004/C 84 E/0756)

WRITTEN QUESTION P-0768/04

by Ole Sørensen (ELDR) to the Commission

(4 March 2004)

Subject: Extradition of war criminals to Denmark

The European Arrest Warrant, which entered into force on 1 January 2004, is a very welcome initiative, in that it should not be possible for the [removal of] physical [controls at] borders between the Member States to be exploited by criminals in order to evade punishment. This problem has increased in recent years with the implementation of the rules on freedom of movement within the EU. To that extent the European Arrest Warrant is a step in the right direction.

However, I am concerned about the practical implementation of the Arrest Warrant, and wish to put the following questions to the Commission:

1. What are the Commission's plans with regard to the seven Member States which had not introduced the Arrest Warrant before the deadline of 31 December 2003? How many Member States have now introduced it?

2. Can the Commission give assurances that, with the entry into force of the Arrest Warrant, it will be possible for Denmark to extradite war criminals from Germany in respect of whom extradition has been requested since the end of the Second World War?

3. Is it true that the German police, referring to the Arrest Warrant, have already applied for the first extradition of a Danish citizen to Germany on charges of fraud? Is this possible at a time when Germany has still not yet implemented the Arrest Warrant?

Answer given by Mr Vitorino on behalf of the Commission

(14 April 2004)

1. To date, ten Member States have already implemented the Framework Decision on the European Arrest Warrant (1) and have communicated their respective legislation to the Commission. In monitoring the operation of the European Arrest Warrant, according to Article 34(3) of the Framework Decision, the Commission shall submit a report to the Parliament and to the Council by 31 December 2004 at the latest. In this report the Commission will highlight any practical difficulties the Member States have faced during the period of implementation and also the reasons for their non-compliance with the time limit. The remainder of the Member States have confirmed that they would be ready by Summer 2004. As to the new Member States, Hungary has already passed its legislation, which comes into force on 1 May 2004, while the others have indicated that they could be ready by the same date which is the date of accession …

2. The Honourable Member wonders whether the Commission can guarantee that persons who committed war crimes in World War II will be surrendered to Denmark from Germany. The Commission draws the attention of the Honourable Member to the statements made in relation to Article 32 of the Framework Decision. Each Member State had the opportunity at the time of adoption by the Council of the Framework Decision to make a statement indicating that, as executing Member State, it would continue to deal with requests relating to acts committed before a certain date in accordance with the extradition system applicable before 1 January 2004. As Germany did not make such a statement, the Commission sees no obstacle preventing the Danish authorities from issuing a European Arrest Warrant in relation to German citizens to be arrested in a Member State that has actually implemented the Framework Decision. As soon as Germany implements it, the European Arrest Warrant will also be executable in its territory. However, the executing judicial authority may refuse the execution of the European Arrest Warrant on grounds of refusal in accordance with the Framework Decision (e.g. statute-barred act).

3. Regarding the Honourable Member's last question, the Commission is not aware of the case mentioned. The German judicial authorities, can not, however, issue a European Arrest Warrant until Germany implements the Framework Decision. The legal basis for arrest and extradition for the German authorities still results from existing instruments relating to extradition.

(1) OJ L 190, 18.7.2002.