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Cheers - AE

Monday, 7 November 2011

Guilty 'til proven innocent

I was going to blog on the arrest (with free strip search thrown in) in Germany of Tracey Molamphy on a charge she knew nothing about relating to an incident involving someone she was with more than 12 years earlier, but SadbutMadLad has already done a thorough job on it over at The Raccoon Arms.
Was she unlawfully arrested? No, because the EAW is law. Was she unfairly treated by the German police? No, they were following their lawful procedures. So if everything was above board and followed the law what was wrong? The fact that no evidence needs to be shown to back up the extradition request.
The only thing I'll add is that thanks to the European Arrest Warrant and its provision for detention with absolutely no prima facie evidence, and of course the feckless politicians who signed the UK up to it, that nasty little phrase 'Guilty 'til proven innocent' effectively applies to everyone living in the UK. For that matter it applies to everyone else in the world who might visit any part of Europe - if a British citizen can be picked up in Germany over an incident in Portugal then there's no reason why an American or an Aussie or a Japanese tourist visiting London couldn't be arrested over a years old accusation they no nothing about in a completely different part of Europe. Any protection that might be afforded by a statute of limitations will depend on which country issued the warrant since many don't have one.

'Kinell!

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John Galt's avatar

John Galt · 698 weeks ago

Indeed, this was always the expected outcome of the European Arrest Warrant and the European Investigation Order.

This together with the increasing computerization of records at airport points of entry is one of the reasons why I am reluctant to fly in Europe or interact with any government in any way, shape or form. As Johnathan Pearce over at Samizdata quite frequently points out "The state is not your friend". Personally I would go much, much further and say that both the UK and its joint sovereignty partner (whatever the fuck that peice of transnationalist bollocks I came across at the weekend ACTUALLY means) are the enemy and should be treated as such.

This means living outside the European Union and (when I do need to travel), flying into and out of a neutral country such as Switzerland (although how much longer that will be possible is difficult to say). Once in Switzerland, get a train to whereever I need to go - paying in cash.
John Galt's avatar

John Galt · 698 weeks ago

Sure, its a pain in the arse, but it means the arse, but at least I don't have to be groped by a bunch of fascists with the IQ and personality of a Edwardian era toilet attendant. However, I suspect that I won't be able to do even this much for much longer. I suspect that the level of state security theatre that we see at airports will soon be appearing at our international train stations as well as their "If you've got nothing to hide you've got nothing to fear" bullshit.
2 replies · active 698 weeks ago
Airport style security is already at some train stations. Bath station had it for a trail period.
http://www.bigbrotherwatch.org.uk/home/2011/10/fu...

PS. Thanks for the link AE, next time I drop in on OZ I'll buy you a drink ;-)
My recent post Road Safety Ambulance Chasers
Jeez, that's recent too. This bloody security theatre sham is getting really out of hand now.

You're welcome for the link, by the way. Was a good post.
John Galt's avatar

John Galt · 698 weeks ago

When someone like Tracey Molamphy can get arrested and thrown in jail for 2-weeks and have to spend £20,000 in legal costs based upon a set of bullshit charges trumped up in a 3rd world country then we've got a problem. That problem is that automatic assumption of equivelence between European Justice systems. In actual fact she's just lucky that it was Germany where she was arrested (which has a modern attitude to prisoners being held pending extradition), it could easily have been some shithole toilet like Romania or Bulgaria.

This is why I left the European Union and why even when I return to work (to pay for my glorious lifestyle in the far east), I make every effort to avoid getting dragged into the EU's draconian data web.
1 reply · active 698 weeks ago
Agreed with all, JG. And I think we're past the stage now where one bullshit expression can be almost reversed: if you've got something to fear from the state then it's worth trying to hide.

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