‘Extradition requete is not necessary’

A requete led by Jennifer Merrett said that before any request is made for the UK-US Extradition Treaty of 2003 to be extended to the Bailiwick, the States must approve a proposition that this request be made, and that Sark and Alderney should also be consulted.

Deputy Merrett said her main concern is that the treaty could be unjust and lead to Guernsey people being abandoned and betrayed by their own government.

Extradition to the US raises serious human rights issues, she said, primarily due to the continued existence of the death penalty in 29 states.

The requete has two propositions, the first concerns the UK-US extradition treaty, and the second 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..

As things stand, P&R is mandated to carry out international agreements, and only in certain situations does it have to refer matters to the States.

The procedures for this date back to 1987 and P&R said in its letter that the issue of its effectiveness has not been raised before.

Its letter also points out that under the Extradition Law approved by the States last year, in a situation where there was a request there is a legal obligation to refuse extradition unless written assurance is given to HM Procureur that the death penalty would not be imposed and the Procureur is satisfied with that assurance.

Having talked to Home Affairs about plans to extend the UK-US treaty to the island and being told that the committee had no plans to request this, P&R believes that the proposition is unnecessary.

This view is shared by Home Affairs, which makes its position clear in its own letter of comment.

As for the second part of the requete, which wants to see P&R consult with other committees to develop a ‘modernised approach’ to the adoption of international treaties and conventions, P&R said that in light of recent developments a review of procedures in relation to international agreements and how they affected Guernsey ‘would appear to be appropriate’.

It added that the timescale of the review, which the requete would like to see come back by the end of next year, ‘seems achievable’.

However, P&R said that its main external relations priority at the moment is work focusing on the part to be played by the island and the wider Bailiwick in the future UK-EU relationship agreement. There was also the matter of work needing to be progressed on the review of the 1948 Agreement with Alderney and the islands’ financial relationship.