Requete could see island take a stand against US
GUERNSEY politicians are being asked to potentially take a stand against US extradition rules and that country’s death penalty.
The rights of local people to fight US extradition are being highlighted with a requete led by Jennifer Merrett.
Her move asks for the States to debate whether the UK-US extradition treaty should be extended to the Bailiwick, so that the decision does not lie solely with Policy & Resources.
Deputy Merrett is concerned that the treaty could be unjust and lead to Guernsey people being abandoned and betrayed by their own government.
‘Primarily because of the continued existence of the death penalty in 29 American states, extradition to the US raises serious human rights issues.
‘The recent changes to Guernsey’s own extradition legislation has brought this issue into the spotlight; and the absence of a strong civil society voice, dedicated to the protection of human rights and fundamental freedoms in Guernsey, makes it all the more important that the States itself should show leadership on this matter.
‘In view of the serious human rights concerns, we consider that any decision to extend the extradition treaty must be taken by the States as a whole, and not delegated to any individual committee of the States.’
Human rights campaigners in the UK have long criticised the treaty as lopsided in favour of the US.
They argue that the legislation allows the American authorities to extradite British citizens without any need to provide evidence proving their case.
Originally intended as part of the fight against terror and to expedite US requests in terrorism cases, lawyers have said that it has instead facilitated the extradition of business people and the bulk of the requests have involved financial crimes.
Deputy Merrett’s requete has two propositions, the first concerns the UK-US extradition treaty, and the second broadens the issue and calls for a ‘modernised approach’ to the adoption of all international treaties and conventions so that there is a greater degree of ‘democratic scrutiny and engagement’ by the States Assembly.
Under the current set up, P&R is mandated to carry out international agreements, and only in certain situations does it have to refer matters to the States.
Deputy Merrett believes that Guernsey should not blindly follow the UK legislation without consideration to proper safeguards, and she wants to see more transparency.
‘In developing this requete, it became clear that it would be appropriate, in a modern democracy, to improve parliamentary scrutiny of the process by which Guernsey adopts international instruments in general, by requiring committees to seek direction from the States at an early stage.’
. The other signatories to the requete are Deputies Matt Fallaize, Peter Ferbrache, Chris Green, Sarah Hansmann Rouxel and Emilie McSwiggan and Alderney representative Alex Snowdon.
