Deputy Jennifer Merrett is leading a requete that would ensure that the States gets to debate the UK-US Extradition Treaty of 2003 before it is to be extended to the Bailiwick.
During a debate earlier this term into the States’ introduction of an updated Extradition Law for Guernsey, Deputy Merrett drew attention to the controversial extradition treaty and raised serious concerns about its human rights implications.
She said Guernsey must not sleepwalk into the UK’s international obligations, without a conscious recognition of their impact on the island.
“It is firmly in our interests to have effective, fair and balanced extradition arrangements but they must balance the liberty of our community with the need for justice to served,” she said. “There must be proportionate checks and balances. The requete aims to put beyond doubt that the States must debate and make an informed, intelligent decision about this Extradition Treaty before any Committee seeks to extend it to the island. We think this is essential to protect the freedom and human rights of our community.”
Extradition between the Bailiwick and the US is currently governed by the UK-US extradition treaty of 1972, which extends on its face to the Bailiwick. If the treaty were to be extended to the Bailiwick, it would provide a new framework to allow for the extradition of Guernsey residents to the US.
Pictured: The US is one of the countries that still retains the death penalty.
Primarily because of the continued existence of the death penalty in 29 American states, Deputy Merrett said extradition to the US raises serious human rights issues.
“We understand that extension of the Extradition Treaty is not currently under active consideration by any Committee of the States. Accordingly, the States of Deliberation have not been consulted on whether or not it should be extended to the Bailiwick.
“However, 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 identified above, 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.”
Pictured top: Deputy Jennifer Merrett.