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News Release

British government throws habeas corpus out the window

British government throws habeas corpus out the window

Posted, September 02, 2008 @ 13:00

EU 'in absentia' judgements proposal goes against the British judicial system

Brussels, 2nd September 2008 -- The British government is attempting to throw habeus corpus out the window by supporting an EU proposal that would allow foreign courts to pass judgement on British citizens without them being present to defend themselves, Philip Bradbourn MEP, Conservative justice and home affairs spokesman in the European Parliament, warned today.

Despite Tony Blair's 'red line', the British government is supporting an initiative in the Council of Ministers that would enable judgements to be passed in absentia. This would mean that one member state may issue a European Arrest Warrant requesting the surrender of an individual on the basis of a judgement made against them on matters that could potentially even include a traffic offence.

Brandishing a copy of Magna Carta in the parliament's chamber last night, Mr Bradbourn warned that the proposals undermine 800 years of British justice. However, MEPs have supported the proposals this afternoon.

Mr Bradbourn said:

"This proposal goes against one of the most fundamental cornerstones of British justice - that the accused has a right to defend himself at trial.

"If other EU countries want to go ahead with this proposal, that's their choice, but the British government should have no part. Not content with eroding our liberties in Westminster, Labour is also undermining them in Brussels.

"The notion that somebody could have their freedom removed by a foreign court they never stepped foot in, is a a step too far."