Brussels, 16/07/2007 (Agence Europe) - EU member states have recently had the finger of blame pointed at them for issuing European arrest warrants (EAWs) for what was perceived as “very minor offences”. That was the conclusion of a Council report dated 9 July and published by civil liberties group Statewatch. In its report, the Council working party on cooperation in penal matters, chaired by Portugal, gives some examples of offences which led to the issue of an arrest warrant: possession of 0.45 grammes of cannabis; possession of 1.5 grammes of marijuana; possession of 0.15 grammes of heroin; possession of 3 ecstasy tablets; - the theft of two car tyres; driving under the influence of alcohol, where the limit of 0.81 mg/l was not significantly exceeded; the theft of a piglet. These are not jokes or fabrications: the above information has been confirmed by the Council.
Experts are concerned that some states (not specifically named in the report) are failing to abide by the principle of proportionality. The report says that “the principle of proportionality requires that in each case a comparison be made inter alia between, on the one hand, the seriousness of the offence and, on the other hand, the measure, resources to be deployed in the executing state and, in particular, that it involves the deprivation of liberty of an individual”.
Experts also feel that the EAW “does not include any obligation for a proportionality check either as issuing or executing member state, nor does it include any ground for non-recognition related to it”. Consequently, it is recommended that the member states concerned “set up mechanisms and rules at national level allowing for a control of proportionality”. The issue of including a proportionality requirement in the definition of the scope of the European arrest warrant is also raised.
Since 1 January 2004, the normal extradition system has been replaced by the European arrest warrant which requires every national legal authority to recognise, with a minimum level of control, a request from the legal authority of another member state to hand over a person being sought. Last week, the European Commission produced a mixed report on the transposition of the EAW in member states (see EUROPE 9466). In 2005, the number of European arrest warrants issued by the 27 member states was over 6,900, which resulted in the discovery of the whereabouts and the arrest of 1,700 people. Of these 1,700, 1,520 were handed over to other member states' authorities. (bc)