EU-US extradition agreement set to boost international law enforcement cooperation

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By Martin Banks
- 8th July 2009

A new extradition agreement between the EU and the US has been hailed as "historic."

Each of the 27 member states has now signed the new agreement which, it is hoped, will speed up extradition of suspects between the EU and the United States.

A U.S. official outlined details of the agreement to journalists on Wednesday, describing the deal as "historic" and one which will "drastically" cut the time it takes to extradite a defendant.

On 24 June, Greece became the final EU member state to ratify the agreement.

Once implemented, the agreement, together with the "mutual legal assistance agreement", will allow the US and EU to use up-to-date technologies and "less formality" to expedite the return of fugitives, said the official.

While some steps remain prior to the agreements formally entering into force, they represent a "real paradigm" shift in international law enforcement cooperation.

The length of time it takes, on average, to extradite a suspect between the US and Europe could be cut by 25 per cent compared to the current timescale, said the official.

It will also put the US on a level footing with member states when a defendant is sought by more than one jurisdiction simultaneously.

"This is a historic agreement. No longer will it be the case that it may take up to six years to extradite someone who has committed a crime to another country."

The official added, "We need to respond much more quickly to the demands of today. The extradition system we are using now is old and has become increasingly less relevant.

"These newly-signed agreements mean we will can modernise and streamline the way we do things which is important when we are increasingly facing what I call ´new´ crimes like money laundering and computer crime."

The mutual legal assistance deal will mean that, in future, witnesses will be able to increasingly give evidence by video rather than personally appearing in a court of law.

"This is going to save money and is also more efficient," said the official.

The new system will apply to all serious crimes which carry a minimum one-year imprisonment but excludes military crime. However, the official was keen to point out that the standard of evidence required in criminal cases will remain unchanged.

Also, although the US retains the death penalty, it will, "if required" give a guarantee that it will not be imposed on a suspect extradited to America from Europe.

It is expected to be come into force early in the new year.

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