Unit 2.2
Unit 2.2
Unit 2.2
A. READING COMPREHENSION
I. Think about the following questions, before you read the text.
Julian Assanges arrest by police this morning will kickstart the fast-tracked extradition process, using
the European Arrest Warrant system, to attempt to return him to Sweden, where he is wanted for
questioning regarding a rape charge.
Swedish criminal law experts said this morning that little was known about the allegations Assange is
facing in the country, in line with legal requirements to protect anonymity and preserve confidentiality
for sex crimes.
The activation of a European Arrest Warrant (EAW) by UK police suggests Assange has been formally
charged by Swedish prosecutors and could face a period of detention upon his return.
Assanges legal team is determined to fight his extradition on grounds including the failure of authorities
to provide details of the warrant issued by Sweden. They will also claim human rights reasons, including
the arguments that the WikiLeaks founder may be unfairly deprived of his liberty in Sweden and that he
risks not facing a fair trial.
If extradited to Sweden under the EAW a process that could be concluded quickly under the fast-track
procedure Assange will be vulnerable to other extradition requests from countries including the US.
The US has an extradition treaty with Sweden since the 1960s. [] Extradition under the treaty is likely
to face a number of obstacles, not least the fact that the likely charges facing Assange in the US under
the Espionage Act or other legislation protecting national security are not included in the exhaustive
list of offences set out in the law.
Even if Assanges case falls outside the remit of Swedens treaty with the US, there is scope for the country
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to agree to his extradition to the US.
Swedish law permits extradition more generally to countries outside Europe, although the process is
subject to safeguards, including a ban on extradition for political offences or where the suspect has
reasons to fear persecution on account of their membership of a social group or political beliefs.
Any extradition from Sweden to other countries could take place only after the current rape proceedings
have been concluded. With Assanges lawyers confirming their intention to dispute those proceedings
on all grounds, it seems the prospect of any extradition to the US remains some way away.
(from The Guardian, December 7th, 2010)
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no matter how trivial. As a result Poland requested 5,000 extraditions last year alone, accounting for
40% of all those dealt with by Britain. By contrast the UK made just 220 requests.
In 2008 a Polish man was extradited for theft of a dessert from a restaurant, using a European Arrest
Warrant containing a list of the ingredients. People are being flown to Poland in specially chartered
planes to answer charges that would not be thought worthy of an arrest in the UK, while we pick up
the tab for police, court, experts and lawyers time to process a thousand cases a year. This whole costly
system is based on the assumption that the criminal justice systems of countries such as Poland are
reasonable enough that it is worth complying with all their requests.
The level of frustration with the failure of this assumption is now beyond question. Even David Blunkett,
who as home secretary presided over the introduction of the system, has regrets. There is room for
improvement with the EAW, Blunkett told the Commons home affairs committee this month. When we
agreed to the system we believed that people would act rationally. The government is now conducting
a review into extraditions, with a panel led by a former court of appeal judge and senior extradition
barristers.
But the EAW is not a stand-alone measure it was intended as part of a much more ambitious agenda for
the harmonization of criminal justice systems across the EU. In January the European evidence warrant
is meant to come into effect. Like the EAW, this would require Britain to give automatic recognition to
search warrants issued by member states.
By next December the UK is supposed to have adopted mutual recognition of other states decisions on
probation, bail, the transfer of prisoners, and the suspending of individuals finances. The Lisbon treaty,
should the UK opt in, would take things even further. Opting out would still mean implementing the
measures already agreed, and prevent negotiation of measures being applied in the rest of Europe.
In both the Assange and Jaskloski cases the EAW is set on a collision course where the labyrinthine
world of EU mutual recognition meets the reality of defendants rights. And suddenly the mutual
confidence that the public are meant to have in the criminal justice systems of other EU states in
Swedens immunity from pursuing a politically motivated rape claim, or Polands ability to be reasonable
does not seem to exist after all.
(The Guardian, December 10th, 2010)
1) Julian Assange has been charged with rape by the Swedish prosecutors.
2) Assanges lawyers do not intend to fight his extradition.
3) Sweden does not have an extradition treaty with the US.
4) Sweden may agree to Assanges extradition to the US.
5) Assanges extradition to the US is imminent.
6) The author of the two texts is a supporter of the European Arrest Warrant.
7) The European Arrest Warrant was intended for prosecuting trivial offences.
8) The EAW was aimed at enhancing the harmonization of criminal justice systems across the EU.
9) Lots of people were extradited by the UK for offences that do not exist in British law.
10) The EAW was intended and designed as a means of violating defendants rights.
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IV. Fill in the blanks with synonyms of the words in brackets.
1) The British authorities (try) to return Assange to Sweden, using the EAW system.
2) The (probable) charges facing Assange in the US are not included in the exhaustive list of
offences set out in the law.
3) Swedish law (allows) extradition more generally to countries outside Europe.
4) One of the important safeguards is the (prohibition) on extradition for political offences.
5) Assanges lawyers confirmed their intention to (challenge) the proceedings on all grounds.
6) Assange faces extradition to Sweden, where he is (charged with) rape.
7) Many of the offences for which extradition is requested are (minor).
8) Member States are meant to have mutual (trust) in the criminal justice systems of other EU
States.
9) Assange wants to challenge the (accusations) against him.
V. Fill in the gaps with little, a little, few, a few, much, many.
1) Swedish criminal law experts said that was known about the allegations Assange is facing
in the country.
2) There are core principles that the States must respect.
3) The UK made extradition requests.
4) There is to suggest that the majority of the extradited persons are terrorists or serious
criminals.
5) The Commission encourages Member States to take more measures in order to enhance
procedural safeguards.
6) people have requested legal aid so far.
7) Poland requested extraditions last year.
8) The Swedish judicial authorities dont say about the Assange case.
9) people challenged the extradition decisions against them.
10) In the field of procedural rights there is still to be done.
11) The knowledge he has and the things he knows about the extradition process are
quite enough for him to be able to defend his rights.
12) Authorities should pay more attention to defendants rights.
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B. VOCABULARY PRACTICE
I. Complete the table below with related forms of the words given, then complete
the sentences below with appropriate words from the table.
The Framework Decision on the European Arrest Warrant simplifies and speeds up the ................. .
Documents may be sent or returned via a central ............... of a Member State. Judges from all Member
States apply the EU ................ on judicial cooperation in criminal matters. The European Arrest Warrant
............... where a final sentence of imprisonment or a detention order has been imposed for a period of
at least four months.
The Contracting Parties must comply with the provisions of the ................ . If you want detailed information
about the case, you have to fill in an ............... form. Cases must be handled with due observance of the
defendants rights. We must check if there are special provisions to the case.
Interception of telecommunications must be by the competent judicial authority of the
Member State concerned. When solving a case, a judge must consider both the EU legislation and the
national laws and . The Council the matter of the European Arrest Warrant by
way of a framework decision.
II. Match the terms below with their definitions, and then use them in sentences of
your own.
1) the giving of testimony on oath; the sworn statement of a witness used in court in his absence
2) someone who secretly and illegally takes goods or people into or out of a country, as a way of
earning money
3) person sued in a law-suit
4) declaration of innocence in court
5) false or unjustified injury of the good reputation of another person
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6) infringer of the law, delinquent
7) the deliberate and malicious burning of property
8) money or property put up by the accused to allow release from prison before trial
9) give evidence, declare as a witness
10) the process of bringing a person to trial on criminal charges; the side bringing a case against
another party
at, between, by, for, in, of, on, through, to, under, with
1) The Convention lays down the conditions which mutual assistance is granted. The requested
Member State must comply the formalities and procedures indicated the requesting
Member State as soon as possible and they may try to agree further action to be taken
concerning the request.
2) Each Member State is to send procedural documents intended persons who are in the territory
another Member State to them directly post. In some cases, the documents may be
sent via the competent authorities the requested Member State. Where necessary the
comprehension of the addressee, the document, or at least its important passages, must be translated.
All procedural documents are to be accompanied a report stating where the addressee may
obtain information regarding his rights and obligations concerning the document.
3) As a general rule, requests mutual assistance and communications are made directly
judicial authorities territorial competence. However, some cases may be sent or returned via
a central authority a Member State. In certain cases it is actually compulsory to go the
central authorities (requests temporary transfer or transit of persons custody, sending
of information from judicial records). Urgent requests may be made via Interpol or any competent body
under the provisions introduced pursuant the Treaty European Union.
4) Stolen objects that are found another Member State are to be placed the disposal of
the requesting Member State with a view their return their rightful owners.
5) A person held the territory of a Member State which has requested an investigation may be
temporarily transferred the territory of the Member State in which the investigation is to take
place.
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6) Interception of communications may be done the request of a competent authority from
another Member State a judicial authority or an administrative authority designated the
purpose by the Member State concerned. Member States are to consider such requests in accordance
their own national law and procedures.
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4) The defendant claimed that he . by the police.
a) is victimized b) was being victimized c) has been victimized
5) Do the authorities know where .?
a) does the suspect lives b) does the suspect live c) the suspect lives
6) The police dont have information about the suspects whereabouts.
a) no b) any c) some
7) He was found guilty murder and sentenced to death.
a) with b) from c) of
8) The police didnt have enough to convict him, so he was released.
a) evidences b) evidence c) proof
9) The police this robbery for months now.
a) has been investigating b) have been investigating c) was investigating.
10) Im not going to pay the fine; it wasnt my fault.
a) b) for c) on
as, at, by, for, from, in, of, on, upon, with, within
1) The Tampere European Council of 15-16 October 1999 called ......... Member States to make the
principle ......... mutual recognition the cornerstone of a true European law-enforcement area. The
European Arrest Warrant proposed ......... the Commission is designed to replace the current extradition
system by requiring each national judicial authority (the executing judicial authority) to recognize, ipso
facto, and ......... a minimum of formalities, requests ......... the surrender of a person made ......... the judicial
authority of another Member State (the issuing judicial authority).
2) The European Arrest Warrant is the first legal instrument based ......... mutual recognition of decisions
......... criminal matters. It implies a radical change ......... the old extradition system, which has been
replaced ......... a system of surrender ......... an Area of Freedom, Security and Justice, with an impact, in
particular, ......... procedures, time limits, and grounds ......... non-surrender of a person. The EAW is thus
intimately linked ......... the Treaty objective laid down ......... Article 29 of the Treaty ......... European Union.
3) The EAW should be used ......... an efficient, effective and proportionate manner ......... a tool for the
prevention and repression ......... crime, while safeguarding the human rights of suspects and convicted
persons. The instrument, which is based ......... the deprivation ......... personal liberty, is ......... principle
designed to further the prosecution of more serious or more damaging crime which may substantially
justify its use, or ......... purposes of enforcement of convictions. It is only intended to be used if an arrest
warrant or any other enforceable judicial decision having the same effect has been issued ......... national
level.
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