Hard questions about UK-US extradition arrangements

A retired businessman by the name of Christopher Tappin is to be extradited to the US for allegedly trying to sell batteries for Iranian missiles. Serious stuff, you might agree. But as I read in a long Times (of London) article on Saturday (behind a paywall and no, I am not writing it all out), one of the most disturbing features of this man's indictment in absentia is that no attempt has been made to establish, in the UK, any sort of prima facie case that he might be guilty. Instead, a grand jury in the US has ruled, apparently, that he is suspected of being involved in something dodgy. As a result, he faces two choices: admit guilt and face a short, but nevertheless, tough prison term in the US and have a criminal record for the rest of his life, or, plead not guilty and take his chances in the US legal system and face a 35-year jail term, as well as bankrupt himself in trying to get legal representation.

Even worse than the abuse of due process involved (the man apparently was not even aware of the grand jury ruling) is that the UK government, despite some alarm being raised by MPs, seems quite happy to transfer British citizens to the US in this way without any significant legal safeguards. This is all of a piece with how, as I have written before, the US is also bullying other countries in the name of halting tax evasion by forcing foreign financial institutions to undertake all kinds of onerous compliance checks to ensure that all American clients are accounted for. What makes such issues so sensitive is that this appears to be a one-way street: far more Britons, it seems, are getting packed off to the US for various alleged offences than is the case with Americans being extradited to stand trial in the UK.

It is a good feature of friendly relations between countries that there should be mutual recognition of important principles. And the cavalier treatment of certain principles of due process of law in the extradition case of this Mr Tappin character is a sign that the extradition treaty of 2003 between the US and UK is not working as intended, is oppressive, and should be scrapped or significantly reformed without delay. There may not be many votes in this issue, but it is important.

A lot of articles have been written on this subject. Here is a good item in the Daily Telegraph back in 2009.