WRITTEN QUESTION E-3358/01

by Lucio Manisco (GUE/NGL)and Giuseppe Di Lello Finuoli (GUE/NGL) to the Council

(7 December 2001)

Subject: European arrest warrant and the extradition of suspected terrorists to the USA

We have gathered from press reports that the United States of America and the European Union are pursuing an agreement that would pave the way for the extradition of suspected terrorists to the USA under the new European arrest warrant by ensuring that the death penalty would not be applied in certain cases. We have also taken note of the global assurances given by the US Ambassador to the EU, Mr Rockwell Schnabel, that the death penalty would not be applied to suspected terrorists extradited from Europe; however, with regard to that matter, the US Ambassador emphasised the need for some countries to change things, including their constitutions and added that there is agreement to pursue that.

Bearing in mind that opposition to the death penalty is one of the fundamental principles of the EU, enshrined as it is in the constitutions and in the specific laws of many of its Member States, and that the new powers conferred on the President of the United States since 11 September 2001 (including entrusting military courts with jurisdiction, in summary proceedings, over foreigners suspected of terrorist activities) would nullify any assurances given by State or Federal authorities of the USA, would the Council clarify the juridical nature and the scope of the negotiations with the USA going on in such a context and restate its determination not to enter any agreement which would compromise, limit or modify EU opposition to the death penalty under any circumstances, particularly those involving emergency extradition procedures?

Reply

(25/26 March 2002)

The Council agreed (see conclusion III.7 of 20 September 2001) on the principle of proposing to the United States that an agreement be negotiated between the European Union and the United States, on the basis of Article 38 of the TEU, in the field of penal cooperation on terrorism.

Shortly thereafter, Prime Minister Verhofstadt, together with Commission President Prodi, visited the United States. On that occasion, President Bush expressed a wish to continue discussions and, in a subsequent letter that has been rendered public, specified some of his thoughts on the issue.

The Presidency has since then, in accordance with the wish of the Council, been conducting exploratory talks with our US partners, with a view to gaining a better understanding of the added value that any agreement in the field of penal cooperation on terrorism might give. These exploratory talks have not yet been completed.

Formal negotiations can only start following an authorisation to that effect by the Council in accordance with the procedures laid down in Article 24 TUE. No such authorisation has yet been given.

Any reports according to which extradition of persons from Member Sates to third States would take place on the basis of the provisions concerning the European arrest warrant are incorrect: The European arrest warrant is designed as an instrument of cooperation between EU Member States only.

According to Article 6 (2) TEU, the Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional principles common to the Member States. This applies also whenever the Union acts pursuant to Articles 24 and 38 TUE.

In the light of DeclarationNo1 on the abolition of the death penalty, annexed to the Final Act of the Treaty of Amsterdam, it is obvious that any Agreement to be concluded between the Union and a third State will have to respect the constitutional traditions common to the Member States pertaining to the abolition of the death penalty.