Guilty ’til proven innocent
I was going to blog on the arrest (with free strip search thrown in) in Germany of Tracey Molamphy on a charge she knew nothing about relating to an incident involving someone she was with more than 12 years earlier, but SadbutMadLad has already done a thorough job on it over at The Raccoon Arms.
Was she unlawfully arrested? No, because the EAW is law. Was she unfairly treated by the German police? No, they were following their lawful procedures. So if everything was above board and followed the law what was wrong? The fact that no evidence needs to be shown to back up the extradition request.
The only thing I’ll add is that thanks to the European Arrest Warrant and its provision for detention with absolutely no prima facie evidence, and of course the feckless politicians who signed the UK up to it, that nasty little phrase ‘Guilty ’til proven innocent’ effectively applies to everyone living in the UK. For that matter it applies to everyone else in the world who might visit any part of Europe – if a British citizen can be picked up in Germany over an incident in Portugal then there’s no reason why an American or an Aussie or a Japanese tourist visiting London couldn’t be arrested over a years old accusation they no nothing about in a completely different part of Europe. Any protection that might be afforded by a statute of limitations will depend on which country issued the warrant since many don’t have one.