Today Due Process has published the report “Extradition to Poland: Risks and responsibilities“, written by Emily Barley.
This report details the growing risk of human rights abuses in Poland, most particularly around the right to a fair trial, as a result of political interference in the judiciary. This state of affairs yet again proves the need for urgent reform of the European Arrest Warrant (EAW) system.
The UK government must act urgently to ensure its legal and moral human rights obligations are met by applying pressure on Poland to reverse a number of laws that erode the independence of the judiciary, by establishing mechanisms to assess the risk of abuse in the case of each extradition request received by the UK from Poland, and by using the opportunity of Brexit to ensure that extradition arrangements are more responsive to changing human rights climates across Europe.
The example of Poland makes it clear that unlike the assumption at the foundation of the EAW system, criminal justice systems across the EU are not of equal quality. Furthermore, the trajectory of human rights in EU countries is not always up: changes in Poland show clearly that in just a few short years there can substantial and deliberate backsliding. Extradition arrangements must reflect these realities.
For more detail read the full report: “Extradition to Poland: Risks and responsibilities“.