Your surrender indefinitely postponed? A hopeless situation?
Because of the prevailing pandemic, our national borders are now closed. This makes the practical implementation of a surrender decision almost impossible.
What consequences does this current situation bring about? Should the reprieve always wait in prison?
The final lore
A suspect/convict may be placed under arrest by the Investigating Judge as a result of a European Arrest Warrant.
The Council Chamber and Indictment Chamber then decide on the execution of the European Arrest Warrant. In other words, whether or not to accede to the issuing state's request for surrender.
This includes the possibility that the arrested person will remain in prison until he or she is actually surrendered.
Normally, the arrested person is surrendered within 10 days, after the above-mentioned final decision (art.22WetEAB).
Postponement
Because of the health crisis, the 10-day deadline is not met in practice today.
Notwithstanding a final decision on the surrender, in several files, the practical implementation of this survival is indefinitely postponed to date.
For this, the executive authority invokes the prevailing pandemic, which would constitute a serious humanitarian reason (Art. 23 law EAW).
The European arrest warrant will not be able to be effectively executed until this reason no longer exists.
Desperate situation
This legal provision raises many complications in practice.
Indeed, it is entirely unclear at this time when these humanitarian reasons will no longer be current and, consequently, when it will be deemed safe enough to be effectively surrendered.
The prosecution makes sovereign judgments on this matter.
As a result, the arrested person risks facing hopeless and lengthy incarceration.
Electronic surveillance or provisional release
Based on the Provisional Detention Act, the modality of electronic surveillance or provisional release can be requested through the filing of a petition.
Within 5 days of the filing of the petition, a decision will have to be made whether or not the postponement of surrender outside prison can be waived conditionally or with electronic monitoring.
Thus an end can be put to the hopeless situation of all those who had their surrender postponed because of the prevailing pandemic.
BANNISTER Lawyers has already been able to enforce an important precedent in this way for a client whose surrender to Poland was indefinitely postponed.
Would you like more information about this or to be assisted by a specialized lawyer? Feel free to contact us at info@bannister.be or by calling 03/369.28.00.
May 26, 2020
