Brussels, 03/09/2002 (Agence Europe) - Statewatch reports that is has obtained a copy of the "secret negotiating agenda for an agreement (treaty) between the EU and the US on judicial cooperation in criminal matters which would have major implications for people's rights and liberties". The draft agreement is reported to be up for discussion in depth for the first time at the Informal Meeting of EU Justice and Home Affairs Ministers in Copenhagen on 13 September (see Europe of 26/27 August, p.6), in which John Ashcroft, the US Attorney General, will be taking part. Statewatch, the rights and liberties watchdog, notes that informal discussions over this topic began between the EU and the United States on 29 September 2001 and the JHA Council of 25/26 April 2002 authorised the opening of the negotiations. Tony Bunyan of Statewatch comments: "It is quite unacceptable in a democracy that an agreement should be negotiated with a non-EU state in secret, without the European and national parliaments or civil society having any say whatsoever". Statewatch accuses the EU of negotiating in secret under Articles 38 and 24 of the Treaty of the European Union which do not require either national parliaments or the European Parliament to be consulted.
Statewatch comments that the proposed agreement considered after the September 11 attacks started out as an agreement on combating terrorism, but the Council of the EU has now authorised the Presidency to negotiate with the United States to conclude "one or several agreements on cooperation in criminal matters". The organisation is particularly shocked that the negotiating mandate makes no mention of Article 8 of the European Convention of Human Rights (the right to private and family life) under the heading "Improve investigation procedures". Also, under the heading "Guarantees and safeguards", is simply says that the issue of data protection should be "raised by the EU at a later stage". "Most extraordinary of all", reports Statewatch, "under the same heading, on the issue of the "death penalty" the EU "line to take" is: "inform the USA that some Member States may wish to have specific provisions in this regard". It appears that "some" EU Member States are willing to become "accomplices" to the death penalty, by supplying evidence and witnesses to the US in death penalty trials - even though all EU Member States have ratified Protocol 6 to the ECHR and have signed Protocol 13 to the European Convention on Human Rights (which ban the death penalty completely)." Under the heading "Issues raised by the USA", Statewatch explains that the mandate covers the option of "narrowing down the political offence exception" (to extradition). The traditional "political offence" exception to extradition could be weakened, explains Statewatch, by "taking a modern approach" and many EU Member States may have to drop constitutional bans on extraditing their own nationals".