Unprecedented publicity has put the McCanns in the dock even before the investigation has been completed, says Paul Garlick QC
The case of Kate and Gerry McCann has, once again, highlighted the concern over possible extradition—or surrender as it is called between EU member states—without any evaluation of the evidence that has been gathered in support of the accusation against the person whose surrender is being sought.
This concern was voiced vociferously in 2006, in relation to the extradition of Giles Darby, David Bermingham and Gary Mulgrew (the NatWest three) to the US. The furore over the extradition of the NatWest three was concerned with the lack of reciprocity of obligations between the US and the UK, arising from the abolition of the requirement for the US authorities to show a prima facie case in support of its requests for extradition. The concerns in relation to the McCanns are of a much more far-reaching nature, affecting the position of any person in any member state of the EU facing an extradition request by
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