kfajdsl/voxpopuli huggingface dataset:
the question is will this be enough to compensate for the failings of the european arrest warrant?
those who question it need to ask themselves whether they would be satisfied with criminals spending years beyond the reach of the courts and beyond the reach of justice because traditional extradition takes too long and has too much red tape.
we also have to do something about the way the european arrest warrant system operates.
both the commission and defence rights organisations like fair trials international i declare an interest i am a patron and justice on whose council i sit have pinpointed failings in the arrest warrant.
he came back within six weeks from italy.
i think we need to reconsider that.
problems with it being used for minor offences the lack of legal representation in the issuing state long pre trial detention periods the lack of bail for people who are not nationals of the issuing state and bad detention conditions are all cited with reason. the commission does not think that we need to recast the european arrest warrant.
however in the uk at least and we will hear this later the european arrest warrant has become a favourite stick with which the eurosceptics batter the reputation of the eu.
firstly we need to have a much sounder basis for the requirement for a proportionality check so that minor offences are not covered.
however simultaneously my group has always pointed out that the european arrest warrant system would be incomplete without advancing procedural defence rights in europe.
however let us just note the successes between two thousand and five and two thousand and nine the arrest warrant has secured the extradition of almost twelve zero drug smugglers child sex offenders rapists and others. they include hussain osman one of the two thousand and five london bombers. no londoner could be ungrateful to the european arrest warrant in the light of that.
we also need to do something about the bail situation not least by implementing the framework decision on supervision orders.
there do need to be changes to the european arrest warrant but fundamentally it has been a success.
in fact the uk receives the second highest number of requests for surrender after germany.
that needs to be made explicit and not implicit.
these are the situations which create the problems for a tool which could be effective if used properly.
but we must pay close attention particularly to the member states when they ask for the european arrest warrant to be effective but on the other hand do not carry out the actions to help us get the legislation to create that even playing field.
this is why within my group which has the letter of rights we take seriously both the quality and speed of the legislation which we need to ensure that the european arrest warrant can be the effective tool that it should be for catching serious organised criminals and that its credibility must not be diminished by the many trivial cases and uneven playing field that we currently see.
two thousand and five when we understand the serious and symbolic effect of these cases the european arrest warrant can and should work.
one is the lack of proportionality.
the oral question we have today for our group is very simple. we are now in the area of moving from the reports to the action and we have a situation where we have two hard cases.
this is the position we want to see for our group and we believe the commitment is here.
but the hardest case is going to be creating an even playing field in relation to procedural defence rights.
mr president is mr daz de mera aware that a fast track extradition treaty was signed between the uk and spain in two thousand and three long before the european arrest warrant and would
i would be more specific on two outstanding issues which were raised several times during the debate.
using video conferencing for suspects convoking someone for appearance before a judge by means of a summons using the schengen information system to establish the place of residence of a suspect or the use of the framework decision on the mutual recognition of financial penalties.
the previous extradition system was cumbersome and no longer fit for purpose in the modern world of open borders and serious and organised cross border crimes.
furthermore we welcome the fact that a recent commission proposal for a directive of the european parliament and of the council on the right to information in criminal proceedings provides for the right to written information in european arrest warrant proceedings.
the advantages of the european arrest warrant by far outweigh any possible inconveniences.
that does not imply that the person against whom a european arrest warrant has been issued is not and should not be able to exercise any rights in the executing state.
this is a result of the fact that unlike extradition the european arrest warrant is a fully judicial system.
it is also in the interest of the victims to have a speedy trial so that their rights are respected. the council intends to adopt a road map proposed by the hungarian presidency to strengthen these rights. the solution to the proportionality principle cannot therefore be that we change the fundamentals of the well functioning european arrest warrant system which has radically improved the prior extradition system. regarding the rights of the defence i would
the person will always be able to fully exercise his defence rights in the issuing member state where the trial on the merits of the case takes place.
the council has been quite clear that in cases where preventive detention is inappropriate the european arrest warrant should not be used.
state. this has nothing to do with the european arrest warrant system as such and is for example also the case under the extradition system.
if there is a proportionality problem it is not caused by the instrument or by the eaw framework decision;
in most cases the victims of the offence are in the issuing state not in the executing state so by delaying the trial and examination of the case the rights of victims are also being undermined.
the council has also called on the instrument's practitioners to consider and seek advice on the use of alternatives to the european arrest warrant. taking into account the overall efficiency of criminal proceedings these alternatives could include using the less coercive instruments of mutual legal assistance where possible
finally regarding prison conditions these may of course be open to improvement in some cases but this is not a topic which is specific to the implementation of the european arrest warrant. it is the responsibility of the authorities of individual member states to ensure that prison conditions are up to standard regardless of whether persons have been surrendered from other member states or not.
it is rather the result of the criminal justice policies in individual member states.
justice delayed is justice denied not only for suspects but also for victims.
not least through a mutual peer evaluation of the practical application of this instrument which has been carried out in all member states over a period of three years.
thanks to the eaw the union has managed to reduce surrender times considerably in many cases from one or two years to only one or two months.
this is fully in compliance with the case law of the european court of human rights in strasbourg.
however such assessments should always be made by the issuing authority.
mr president i too personally believe this whole debate needs a dose of common sense now.
i still believe that some sort of european arrest warrant is a necessary tool to fight crime and terrorism across the union particularly given the huge free movement of people now moving between member states including sadly criminals.
we need to seriously review the workings of the arrest warrant to include only a limited list of serious crimes always satisfying the condition of double criminality as being the only ones justiciable under the european arrest warrant.
we must also respect fundamental human rights and include safeguards like habeas corpus.
the large majority of uk surrendered individuals were actually as it turned out migrants from other states of the european union charged with crimes normally major crimes not petty crimes.
this will be subject to qualified majority voting and the final outcome is something we cannot determine?
is this another case of tory double speak where they speak out against the acts of the european union here but endorse them back home in our own parliament?
mr president claude moraes talked about the lack of proportionality etc. we can all agree on that but the one thing the elephant in the room that nobody has talked about this afternoon is the fact that the court cannot look at the prima facie evidence against the accused person and exercise any discretion about whether they should be extradited or not.
i sat through the appeal court hearings and heard the judges.
it was obvious from the look on their faces that they realised there was no real evidence against this boy;
you talk about the appeal procedure.
it was the period after the execution of the arrest warrant which was problematic and which we are trying to fix today in this debate.
nothing of what you have said has invalidated the measured criticisms of what we and others are saying now.
they highlighted the fact that the scale of irregularities and fraud weakened if not undermined the credibility of the outcome and that there was a need for significant reforms and improvements in the future.
in that context i am worried about recent reports of developments that might put at risk the positive regional dynamic between the drc and rwanda and weaken their cooperation.
everyone should know that these crimes can and will be punished.
i am appalled by and strongly condemn the recent mass killings by several armed groups. one consequence of this has been a sharp increase in the number of internally displaced people in the last few months.
clear messages have been passed to all in order to encourage a constructive approach in these circumstances and we recall the need for all illegal armed groups to lay down their weapons and avoid further violence.
we have supported action to keep the drc on the agenda of the human rights council and to encourage the government to cooperate with that council.
our priority is to work together with our international partners and with the governments of the region to try and prevent this from happening.
the commitments he made in his inaugural speech are particularly encouraging and they open the prospect for a political dialogue and progress in improved governance.
our head of delegation has already met several ministers of the new government and is beginning to work closely with them.
in conclusion i want to reiterate that the eu is committed for the long term to supporting the drc and the great lakes region to escape the conflicts of the past and build a sustainable more prosperous and peaceful future.
secondly over the past three years the situation in the eastern congo has improved.
but of course we want action not just commitments.
but there will be no sustainable peace without the rule of law and the application of justice.
but we can only have success on security sector reform with the commitment of the drc at all levels.
so our priority is to follow up the valuable recommendations for future reforms that are in the report.
we are committed to the unity and sovereignty of the drc.
this is a clear sign that impunity will not prevail and i hope sends a signal of hope for the people who are suffering at the hands of the armed groups.
in the short term we expect to see significant improvements for the provincial and local elections that will follow in the coming years.
we are contributing through the operation of two missions eusec which supports military restructuring and eupol helping to reform the police.
the two thousand and six elections were a milestone in their progress towards a more democratic future but were achieved with huge support from the international community.
it is still recovering from years of war and deprivation.
i want to take this opportunity to pay tribute to the commitment and hard work of that mission led by honourable member mariya nedelcheva.
the challenges remained great the execution may not have been perfect but this is an achievement that we should recognise.
i want to focus my remarks on two issues the democratic follow up after the november two thousand and eleven elections and the security and humanitarian situation in eastern congo.
the two thousand and eleven elections by contrast were primarily funded and organised by the drc itself.
mr president honourable members the democratic republic of congo is a country that demonstrates the importance of the eu engagement being long term if it is to be productive and where over time we can make a difference.
we continue to provide support for the electoral process through a contribution of eur. forty seven five million and by sending an eu electoral observation mission.
the road to recovery and stabilisation is not straightforward but we are determined to persevere in supporting the drc in consolidating its democracy and accelerating its development.
nevertheless in present circumstances all stakeholders have recognised that it would be impossible to recount the votes or organise a new round of elections.
our humanitarian assistance already amounts to eur sixty three million in this year but clearly the humanitarian crisis is not over.
this will be an important element of our dialogue between the eu and the drc government.
regional cooperation is essential too to tackle a number of the problems of the great lakes region including the illegal exploitation of natural resources conflict minerals and the provision of improved energy supplies for all.
security sector reform too continues to be crucial.
but it is still extremely fragile and as recent events have shown there remains a risk of sliding back into war and disorder.
we have significant development assistance which we want to use and we want to use it as productively as possible in facing the challenges of the future.
the protection of civilians in the east will remain an important mission for them in the coming years.
i look forward to continuing to contribute to it through the most appropriate instruments taking into account the un's peacekeeping mission's future mandate.
he has worked closely with the eu in the past and he has a good record as finance minister of the previous government and as a national authorising officer of the european development fund.
initial impressions are very positive.
it is the people of the drc we are determined to help and to do so through a comprehensive approach that tackles the many interlinked problems that they face.
they carried out the work in extremely difficult circumstances and a final report has been well received by everyone in the drc.
we condemn the rebellion and strongly support the restoration of the authority of the state and that needs to take into account the legitimate concerns of the drc's neighbours.
our contribution to the reconstruction of the judicial system is an integral part of the wider campaign against gender based violence in the drc.
therefore we want to engage more closely with the government to ensure that we improve the democratic process and the country's governance.
that has been so important to underpin the progress in eastern congo in recent years.
but our programme aims equally to tackle the root causes as well as the symptoms of this problem.
if we succeed in changing what has caused the resource curse then africans should be able to use these resources their resources to build stable democratic societies.
good governance will be central to this.
it is a first step in the right direction. four hundred million of the world's poorest people live in sub saharan africa.
the connection between natural resource dependence armed conflict and weak governance is all too evident in sub saharan africa and what has been occurring in the post election environment in the democratic republic of congo is a prime example.
the trade patterns in favour of hard commodities due to the growing demand of china and india set significant challenges for governance and peace building for both state and non state actors alike.
africa can be the america of the twenty first century.
for this reason and in the interests of good governance new legislation requiring extractive companies to publish payments to governments on a project by project basis is welcome.
the drc can be turned around.
that is why good governance must remain a key objective of eu policy.
effective management of their natural resources and investment in health and education must go hand in hand with strengthened democratic structures and good governance.
that means too that we need to see regular political dialogue with the drc authorities and also with civil society.
i appreciate the continued support of the parliament and pay tribute again to the electoral observation mission but let me be clear that any future support to elections must depend on the credibility of the process the implementation of recommendations that have been made by the mission ownership by the government and a profound reform of the electoral system.
on the possible support of rwanda to the rebellion we take very seriously what the united nations reports have said about support coming from across the border so it is important to put an end to any or all support mutinies may receive.
what i said then was that i was very worried by information that the dynamic between rwanda and the drc might be endangered.
the declaration that was made a few days ago is a clear sign that we want to continue to play a constructive role as a regional actor in the great lakes.
so we have to build what i would describe as a more contractual relationship with the new government in kinshasa.
it is very important that everyone continues their cooperation and makes sure that there is real transparency so that anything that has been done can be investigated.
it has to be a priority for the european union.
we have got to continue to strengthen the security sector reform so we can ensure that we strengthen the capacity of the state and that means that we impact on crucial sectors. we have to end impunity end gender based violence end the illegal exploitation of natural resources and support the building of governance.
however the elections themselves lacked the unequivocal legitimisation of being certified as free and fair due to incomplete monitoring of the ballot and there were widespread reports of voter coercion and other irregularities that as of yet remain unresolved. i applaud the significant contributions the eu and my own country the uk made towards monitoring this exercise in democracy mindful of the vast size and strategic importance of the drc.
election observation missions are one area in which the eu can bring real value added to global democracy. i have participated in them myself in the past.
kabila should now concentrate on ensuring that his administration is fully transparent and works towards recognised international standards of good governance fighting widespread corruption promoting transparency in the extractive industries upholding the rule of law protecting human rights for all drc citizens and in particular as mentioned investigating recurrent stories of atrocities in eastern congo and bringing those in the irregular militias and armed groups to justice.
during the struggle putin disclosed his true face by occupying ukraine and launching a war in eastern ukraine.
despite the huge human and financial losses ukraine remains a solid member of our european family and is showing a true example of real change.
they have the right to safely return to their homes.
in the past six months at least thirty zero migrants have been put into these cruel inhumane conditions.
madam president imagine the cruelty of being put in detention camps with thousands and thousands chained with no roofs and using cell floors as your bed. for migrant workers from ethiopia in search of a better future this is the day to day reality.
human rights organisations report cases of deaths due to inhumane treatment and these men women and children have the right to have a dignified life.
the eu should call upon the kingdom of saudi arabia to respect international law and immediately improve conditions.
as per rules of the residential home he has to spend fourteen days in isolation in his bedroom' which underlines the distress for both parents and for patients.
one we have to make sure that we fund staff with ppe with testing and with overtime cover and decent wages and we have to partner with families and listen to older people who know better than anybody else the balance that has to be struck between the loss of emotional and physical contact and public health on the other hand.
today i want to note that at the very beginning of the covid outbreak a lot of mistakes were made in relation to nursing homes particularly around the wearing of masks advice about allowing visitation etc.
i wish to make two quick points.
in this second wave as it appears to be apparent i think we should also concentrate as others have said on people living in long term residential care with physical and learning disabilities of whom there are very many. i received an email from a constituent which i want to quote we brought our special needs son back to his residential home last week as my wife and i are totally drained after five months of cocooning.
we've learned some very hard lessons as other speakers have said.
madam president i have to say i am appalled by that response and i ask you president to hold the commission.
eu countries must also join forces to make the system less open to abuse.
these are all issues addressed in our action plan with a number of concrete actions proposed.
the fincen files are yet another illustration of why it is essential that financial institutions and other private sector entities detect suspicious financial flows and report their suspicions to the relevant authorities.
us. everyone authorities stakeholders and citizens alike expects the union to act and ensure the stability and integrity of the union's financial system.
should also check that all national supervisors have adequate resources and powers to carry out their task.
the fincen case made it also clear that the increased number of reports submitted to the financial intelligence units puts pressure on their resources.
we will investigate ongoing problems and we will not hesitate to take legal steps if needed.
we know that national supervisors cannot do this alone which is why our action plan proposed eu level supervision.
this is vital for improving the detection of suspicious cash flows especially those with a cross border dimension and for developing better analytical tools.
enforcement is not only about ensuring the complete or correct transposition of the fourth and fifth anti money laundering directives enforcement is also about ensuring that anti money laundering directives are effectively implemented. the commission recently sent questionnaires to some member states.
we will actively follow up on our findings.
before the summer break on eight july the commission outlined in this house the action plan for a comprehensive union policy on preventing money laundering and terrorist financing which the commission adopted on seven may. two thousand and twenty it is now critical that we deliver on our action plan.
concretely we plan to support financial intelligence units in carrying out joint analyses developing standards for reporting suspicious transactions and providing it assistance and support for exchanging financial information.
there must be no divergences nor systematic weaknesses that could attract criminals.