Here is something the Government told us would never happen. When Britain signed up to the European Arrest Warrant (EAW) six years ago, critics pointed out that an individual could be extradited to another EU state to face prosecution for something that is not a crime in Britain and had not even been committed in the requesting country. Ministers dismissed such concerns as fanciful, but it has come to pass.
An Australian teacher is currently in jail in London, following his arrest at Heathrow airport by British police acting on a warrant issued by the German authorities.
Gerald Töben, 64, is wanted in Germany for the offence of "Holocaust denial". It used to be a fundamental protection in British law that no one would be sent for trial in another jurisdiction for something that is not an offence here. It was called the principle of dual criminality. However, when the EAW was drawn up this principle was removed for a list of 32 offences, which include the crimes of "racism and xenophobia".
An Australian teacher is currently in jail in London, following his arrest at Heathrow airport by British police acting on a warrant issued by the German authorities.
Gerald Töben, 64, is wanted in Germany for the offence of "Holocaust denial". It used to be a fundamental protection in British law that no one would be sent for trial in another jurisdiction for something that is not an offence here. It was called the principle of dual criminality. However, when the EAW was drawn up this principle was removed for a list of 32 offences, which include the crimes of "racism and xenophobia".
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