Plane-spotters 'could be at risk even at home'

Greek police escort a plane-spotter charged with spying

The case of the plane spotters currently waiting trial in Greece has raised some concerns over plans for a European-wide arrest warrant.

At first, reports that British plane-spotters had been arrested in Greece on suspicion of spying seem to many people like a joke.

But nearly three weeks later, it is clear to everyone that the case is no laughing matter, and that serious issues have been raised.

European member states must have confidence in each other's judicial systems

Home Secretary David Blunkett, earlier this month

Not least, in the minds of campaigners for the right of people to have fair trials when they are abroad, is the plan for an EU-wide arrest warrant.

The idea is simple. You're wanted for something you've done in one country. So the police in another country can arrest you without a long involved legal process.

And although the idea is not new, it had been on the back burner. After 11 September, however, it received a shot in the arm.

The current extradition laws are widely seen as too slow and cumbersome to be effective, particularly relating to terrorism. And now there is a determination that agreement should be reached on implementing a new warrant scheme by the time of the EU leaders' summit in Belgium on 15 December.

David Blunkett has urged wider confidence in EU police forces

However, the warrant scheme will cover much more than just terrorism. It will be a complete replacement for extradition, and while certain exceptions have been agreed - such as anti-globalisation protesters - in general it will apply to offences for which the potential sentence is 12 months or more.

Sarah de Mas, from Fair Trials Abroad, believes the case of the plane-spotters highlights weaknesses in the scheme.

"The fear of the European arrest warrant is that here is a judge who is not acting in accordance with the minimum standards of the European Convention on Human Rights," she said.

Safe at home?

The defendants had not been charged within seven days of arrest, the magistrate had accepted there was no evidence against them but kept them in custody, and hearings were held in private, she said.

Euro Commission proposal

If one country requests a person for a trial at which they could be jailed for a year, or to serve a sentence of at least four months for which they have already been convicted, "the authorities of other member states should comply with that request".

"Almost from the moment of their arrest, these people have not been given their rights."

But in particular, she told BBC News Online, Fair Trials Abroad was concerned that under the proposed scheme, the plane-spotters would not have been safe even if they had come home.

"If it comes into place, [the magistrate] could issue an arrest warrant at some future date, and any of the defendants could be whisked back to Greece without any foundation for their arrest. That's what we're worried about."

A Home Office spokeswoman said the details of the scheme had not yet been finalised and it was still under consideration. It would be discussed further at the Brussels summit.

Murderer Kenneth Noye arriving at court in Spain for an extradition hearing

She did say, however, that in the hypothetical situation that the plane-spotters had returned to the UK, they would not be liable to be arrested under an EU warrant. The conventional extradition rules would apply, meaning that states could not ask for people so that they could be interrogated; they could only ask if charges had been laid or a sentence had been passed.

But Ms de Mas said she was worried that the emotional pressure to reach an agreement at the December summit was very strong.

"They want to come up with an answer to 11 September. Our fear is that they are going too fast to pay enough attention to the needs of the defendants."