Ed: the following article was meant as a comment post, replying to a comment by Ralph Prothero on the letter by TDE we published here on Saturday, 31st October. You can find Ralph Prothero’s comment post at the link given. Due to its length we publish it as an article in its own right and we do so moreover so that this debate won’t sink below the horizon.
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A possible scenario that we can envisage would be in the run-up to a general election, where we’d have a Brexiteer set of candidates versus a Rejoiner set. A few weeks prior to a vote, requests for arrest and extradition could be received, say, against certain former MEPs, on accusations, perhaps, of “fiddling European Parliamentary expenses” or something equally defamatory.
If the UK-EU extradition arrangements then in place were a replica of the existing EAW, as I fear they might be under a “security treaty” now being discussed, but not publicised, in Brussels, then, say, Nigel Farage or whoever, would be trussed up and shipped over to a dungeon in Brussels, on the orders of the European Public Prosecutor, or perhaps a Belgian Prosecutor acting on instructions. No questions could be asked by a British court, and there would be no obligation on the Prosecution to produce any evidence, nor any right under local laws of the prisoner to a speedy public hearing in open court, where he might demand to see the evidence of a prima facie case against him.
According to our own Supreme Court, ruling in the Assange case, any European Prosecutor is a “judicial authority” who can give orders to a British judge. This ruling took no account of the fact that the British co-inventor of a “European Warrant for Arrest”, originally contained in the Corpus Juris proposal, admitted to the Chairman of the Lords’ Committee that examined the Corpus Juris embryo criminal code for all Europe in 1999, that this was a “misunderstanding arising from a mis-translation” for which he took responsibility, and that his intention had that a British court should be able to “weigh the matter up” and decide for themselves. The Lords’ Committee eventually rejected the whole Corpus Juris proposal. This did not prevent the European Arrest Warrant from being inserted, as thus misunderstood and mis-translated, into the Extradition Act 2003 where it has been on our Statute Book ever since, causing numbers of cases of severe injustice (one innocent victim was even a British judge – Colin Dines).
In the possible scenario we are envisaging, the British public would be faced with the fact that a “judicial authority” had requested an arrest and an extradition to imprisonment “on remand”. Since this sort of thing can only happen in the UK if there is a strong prima facie case based on hard evidence already collected by the prosecution, most people would assume that this was also true in Europe. The fact that the Warrant had been issued by a “judicial authority” would make the case of guilt look even more plausible. The MPs who by a vast majority voted to reconfirm the EAW, and the media who failed to oppose it, in 2013, would be under the same misconception. The (groundless) doctrine of “mutual confidence and recognition of each other’s judicial systems and decisions”, never having been properly examined or debated, would hold.
Since the matter would be up to a foreign court, our rules on “contempt of court” would not restrain the anti-Brexit sections of our media from coming out in full-throated support of the prosecution “case”. The Prosecuting authorities would release/leak “unofficially” tit-bits of innuendo which could be taken up by unscrupulous media to influence public opinion.
They could actually arrest as many people as they liked, and pin any sort of accusation on them. There would be uproar in the UK, public opinion would be disoriented, the Tory Party would be split, the Brexit Party discredited, and the chances of a Rejoiner set of candidates winning seats would be considerably increased.
We might then find ourselves with a Rejoiner majority in Parliament. If that happened, it would be said that the “people of Britain had changed their minds since the 2016 referendum” and Brexit would be terminated. The UK would be back inside the EU, only of course without the opt-outs from Schengen, the Euro, etc, or any rebate on our subscription.
Just if readers think the above scenario sounds quite outlandish, consider the following cases, where judicial powers of arbitrary accusation, arrest and imprisonment have been used and abused in EU states as a battering-ram to destroy political opponents:
Last year Matteo Salvini, as Italy’s Minister of the Interior (Home Secretary), ordered a boatful of some 140 migrants not to dock in an Italian port (for some days, while arrangements were sought to have them redistributed to other EU states). His party was polled as the one with most support in the centre-right coalition, and he was hoping to win an early election. The Italian judiciary have now accused him of “kidnapping” (“sequestro di persona”) and he is facing a criminal trial with potentially a very lengthy prison sentence. Since this case was publicised his popularity in the polls has gone down, and he is now looking much less likely to ever become Premier.
Dan Adamescu owned a Romanian opposition newspaper. He was arrested and imprisoned on orders from the Romanian Prosecution service, and died in prison, after not receiving the medical treatment he needed. The new supremo European Public Prosecutor selected by the EU institutions, Ms Laura Kovesi, was a leading member of the Romanian Prosecution service at the time. A report hosted on www.tfa.net gives details, also of Romanian judiciary working hand in glove with the not-so-ex Securitate, Ceausescu’s equivalent of the KGB.
A Catalan slightly-built, grey-haired lady, Professor Clara Ponsati, who teaches economics at the University of St Andrews in Scotland, had been a member of President Puigdemont’s separatist Catalan cabinet. For this she was pursued in Scotland by a European Arrest Warrant issued by the Spanish judiciary, on accusations of “Violent rebellion against the Spanish State”. Her lawyer was preparing to put up a spirited defence. The Spaniards withdrew the EAW against her, and against Puigdemont himself. However colleagues in Spain have been in prison awaiting trial for many long months now, and they all face sentences of up to 25 years. She can expect the same fate, if she ever returns to Spain.
We in Britain are accustomed to thinking that judicial powers authorising violent behaviour by agents of the State are only used against criminals. This is not so in many other parts of the world, including Europe, where these powers can be and sometimes are used against political opponents.
The essential thing to avoid our own political processes from being disrupted in this way, and to keep everyone in Britain safe from arbitrary arrest and imprisonment, is for the extradition arrangements that will replace the EAW next year to allow a British court, faced with an extradition request from an EU or any other State, to demand to see and to assess any evidence of wrong-doing already collected by the requesting State, and if it considers it to be insufficient, to refuse the extradition.
The government must reveal if it will demand and insist that any future extradition arrangement with the EU will include the reacquisition of these powers by a British court, or not. Until it does tell us, we are authorised to believe the worst.
If it fails to do this, we should expect the Express to raise its voice and demand that it do so.
It is said we must regain control “over our laws, our borders, our cash and our fish”.
But unless we regain control over our bodies, we will control nothing.
P.S.: There have been numerous articles in The Express mentioning a “trade deal”. Occasionally it mentions a “trade and security deal”, but AFAIK has never gone into details about the “security” aspect. Of course the security aspect also includes Defence, which has received some coverage, thanks to the efforts of David Banks and Veterans for Britain.
A Security Deal adopting EU Law and finally ditching our Common Law could have other huge ramifications ; for example suppose in future I want to resist, through the law courts, being compulsorily vaccinated with a very dangerous vaccine . I would stand a better chance of winning under English Common Law, provided I could prove vital FACTS , eg that vaccine was harmful. Per Continental Law, the case would be decided by a single judge on PHILOSOPHICAL grounds; I would certainly lose the case on the grounds that my being vaccinated was “for the common good.” This even if I could prove it was harmful. Of course being forcibly jabbed with a dangerous vaccine is not going to be for the common good as we would understand it ; but the term is a euphemistic term meaning, in reality, the benefit if the State machine. In which we are only cogs.
Mary, I don’t think the EU side would try to impose the entire Continental legal system on the UK in one go, in a Security Deal. They have always followed a “softlee softlee catchee monkee” approach with the UK. They tried in 1997 to impose an embryo mini-code on us – the “Corpus Juris”, which however was initially ro be limited to crimes against the finances of the EU. This however aroused strong negative reactions even in the Blair government – Kate Hoey, Home Office Minister – and was put on one side. The next step was “mutual recognition of the ultimate fairness of each other’s judicial systems, and hence of each other’s decisions” – hence the European Arrest Warrant. The EAW, we are told, will cease to be effective on 31/12/20. The fear therefore is that a “Security Deal” will reproduce its essential mechanism.
What we need to campaign for is that any arrangement for future Extraditions shall include the restoration of the right of a Brtitish Court to see and assess any EVIDENCE of wrongdoing ALREADY COLLECTED by the requesting State, and if it sees fit, to refuse the request.
The continental systems often arrest a suspect at the outset of an investigation on the basis of mere clues, BEFORE any hard evidence has been collected. And then hold the suspect in prison for all the long months – and sometimes even more – while the investigation goes on.
This is what is unacceptable to us. And this is what gives those who wield these powers the possibility of arbitrarily weaponising the judicial powers of depriving a person of their freedom and using it as a battering-ram against political adversaries.
Many thanks Torquil. This gives me a clearer idea of the way forward in this campaign, which I will pursue assiduously.
I wrote this comment since some people have been fighting Covid totalitarianism in the law courts, and I was interested how English Common Law, versus continental law, could affect them. And any effects the Security Treaty might have here, I also had the idea possibly to use it as further ammunition against the Security Deal.
I am also certain that we will be up against the problem soon of compulsory vaccination; I suppose I risk being a conspiracy theorist, but think its better to consider it pre-emptively.
MSM are keeping dead quiet about this. Early this afternoon, there were some comments about this topic on the forum of a prominent Tory MP (forum consists of articles by the MP and comments by the public) . When I looked again just now, the article (about Remembrance Day) had been removed together with the comments. Why, I wonder?
I kept a copy of the comments re EU Arrest Warrant and reproduce them below
“Sir Winston Churchill did much to deliver us from tyranny, Compare and contrast our present “Winston Churchill” who is delivering us into tyranny using all manner of smoke and mirrors to conceal this. In particular he shortly intends to strike an EU security deal on the pretext of “cooperation.” This will include maintaining the abominable EU Arrest Warrant, unreformed , which will enable arbitrary arrests for political reasons, and extradition and long term imprisonment. And will entangle us in the whole EU legal system , the final nail in the coffin of our Common Law rights. If a “genuine Brexiteer politician tried to gain power, he could be removed by being …imprisoned long term arbitrarily on a trumped up charge”.
And “BoJo, at the very least, should insist that any future extradition arrangement with the EU will include the reacquisition of powers by a British court to to demand to see and to assess any evidence of wrong-doing already collected by the requesting State, and if it considers it to be insufficient, to refuse the extradition”.
And “I get the impression that the media and TPTB are deliberately keeping this issue quiet and undiscussed. They go on and on about trade, deal or no deal, but never about this. It is more important than anything else IMHO. What’s the good of trade deals if you live in a corrupt banana republic where you can disappear if you speak your mind, try to form a party challenging the status quo, or whistleblow etc?”
Final one: “Our entire traditions, history, culture. religion and civilisation are being spat upon and desecrated. This applies to Britain and all the European nations, the nations that produced the most colossal explosion of genius ever. Cathedrals, paintings and sculptures, music. Everything good is being desecrated and replaced by trash and desolation. Meanwhile we are muzzled and locked away so that we can’t make a whimper of protest. We’re lions led not by donkeys but by snakes.”
Mary – can you please tell us the name of this prominent Tory MP, and if he replied to the comments about the EAW and its future? Also did any of those commenting , whom you quote here, give any idea of who they were?
BTW – Many thanks for your constant support! 🙂
Here is the page which I bookmarked at the time :
http://johnredwoodsdiary.com/2020/11/02/remembrance-3/#comment-1173180
Here is current page :
http://johnredwoodsdiary.com/
It’s not there now is it?
PS mary2 is myself.
I don’t know who the others were, they used a nom de plume
PPS There was no reply to my comment, the whole page appears to have just disappeared. I hope JR is taking it up behind the scenes.
Torquil D E
PPPS
I remember I also commented on that same forum, about this topic,on the same lines, a year ago just before the General Election. There was only one answer to it, from the regular commenter “Martin from Cardiff” who ridiculed me with a comment on the lines “Do you realise readers, this person is SERIOUS !!”
In my view the simple rule that the arrest of any person without prima facie evidence would be illegal is the very cornerstone upon which our entire modern civilisation is based.
It is what distinguishes us from all the various forms of police state that exist in the world ranging from a fully totalitarian state like Communist China to the ostensibly civilised states like those of the EU.
I say this for one simple reason. Corruption. The ability to arrest anyone without a valid, evidenced charge opens a back door for criminals to use the power of the state against opponents to further not only their political objectives but also their CRIMINAL objectives. It also opens the way for commercial enterprises to begin operating like criminal gangs to achieve their commercial objectives. (The great global warming hoax would be a good example).
Therefore I would argue that a country with the European Arrest Warrant or something similar in it’s toolkit could (and therefore would) very quickly devolve into a government which is indistinguishable from a criminal gang. This would immediately rob voters of their power to correct them politically when they no longer protect them or meet their needs. This leads to a sham democracy like the EU. A kakistocracy.
Totally agree Michael Keal. Reading you my first thought was commercial enterprise – pharmaceutical industry – forced vaccinations. Indeed forced medical, surgical, x-rays, chemotherapy, treatments in general.
But yes you are right, first corruption then outright criminality.
The EU may not yet have sunk quite that far. I think there have been other ‘states’ that did and of course communist China is one example. TD-E’s article has certainly shown that it is imperative we get free of the EU’s security and defence trap.
If we do not do that, we will lose any chance of living in a democracy.
Just in case you have a vocab of less than 200,000 words. . . OED:-
kakistocracy
(kækɪˈstɒkrəsɪ)
[f. Gr. κάκιστο-ς worst + -κρατία rule, after aristocracy.]
The government of a state by the worst citizens.
1829 T. L. Peacock Misfort. Elphin vi. 93 Our agrestic kakistocracy now castigates the heinous sins which were then committed with impunity.
1876 Lowell Lett. II. vii. 179 Is ours a government of the people, by the people, for the people, or a Kakistocracy rather, for the benefit of knaves at the cost of fools? 1879 Baring-Gould Germany II. 286 The‥régime is at once a plutocracy and a kakistocracy.
So †kakistoˈcratical a.
1641 ‘Smectymnuus’ Vind. Answ. vi. 82 But when the men in whose hands the government of the Church is, are bad; then it is τῶν κακίστων κράτος, or Kakistocraticall.
Nothing to do with pooing yourself.
What about kakmanos Greek for cack handed? Manos – manual
Exactly why the citizens of the US will not give up their Second Amendment.