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Sorry for the delay replying to this - I had thought what cr*p - that can't possibly be the case but sometimes truth is stranger than fiction so I posted the following question to the Open University law Q & A section:

 

'If a UK citizen appears on UK TV and denies that the Holocaust ever took place (an offence in Germany) - could he be liable for arrest either in Germany, in the UK or by extradition to Germany'

 

The answer I've pasted below:

 

'Categorically not. In cases of a law passed specifically relating to an issue of a national law unrelated to another member country statute or joint EU membership compliance the law can only be applied to citizens of that country committing the offence in the country to which that applies or those who commit an offence within that country.'

 

I think that is concise but pretty clear - if a law passed by the EU parliament (such as the European Court of Human Rights legislation) or our own is broken then there is a case within the country of the 'crime'. Anything else is unrelated -so feel free to deny to your heart's content...just don't go on TV in Germany & do it!;)

 

My understanding is that if the UK transmission can be picked up in Germany, via Sky ect, than an offense has been committed and an arrest warrant can be issued.The issue was brought up on the infamous QT programme involving Nick Griffin. Jack Straw did not deny this was the case, but said that as Justice Sec (at the time) he would ensure that Griffin would not face this if he denied it on the programme (he was trying to goad Griffin into spouting his racist nonsense). We have all seen in the 2003 Extradition act with the US, how weak our Govt is when it comes to sticking up for it's citizens in the face of foregin arrest warrants.

 

Fair trials international an independent organsation believes that the EAW's are an injustice and in some cases has led to British citizens being jailed without a fair trial. I find it unbelievable that we do not extradite non EU citizens to countries where we belive they wont receive a fair trial and yet wave through British citizens to their fate and unfair trials in EU countries.Look at Gary Mann's "trial" in Portugal.

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My understanding is that if the UK transmission can be picked up in Germany, via Sky ect, than an offense has been committed and an arrest warrant can be issued.The issue was brought up on the infamous QT programme involving Nick Griffin. Jack Straw did not deny this was the case, but said that as Justice Sec (at the time) he would ensure that Griffin would not face this if he denied it on the programme (he was trying to goad Griffin into spouting his racist nonsense). We have all seen in the 2003 Extradition act with the US, how weak our Govt is when it comes to sticking up for it's citizens in the face of foregin arrest warrants.

 

Fair trials international an independent organsation believes that the EAW's are an injustice and in some cases has led to British citizens being jailed without a fair trial. I find it unbelievable that we do not extradite non EU citizens to countries where we belive they wont receive a fair trial and yet wave through British citizens to their fate and unfair trials in EU countries.Look at Gary Mann's "trial" in Portugal.

 

I don't disagree with a lot of what you say about extradition treaty anomalies - our own with Spain is dreadfully flawed hence the number of 'suspects' not to mention convicted criminals living there instead of Pentonville.

 

The satellite transmission thing sounds a bit of a red herring in that with an appropriate receiver, as I understand, you can receive programmes from all parts of the globe (I don't watch enough telly to go beyond Freeview) all of which are going to have vastly contrasting statutes of law. It seems that the operative words in these cases are practicability & workable treaties...there is more chance through a EU treaty than that of a Middle-Eastern but if the reality is that the programmes are capable of being seen by millions it's wholly impractible to target viewability in one country that happens to have the law. In fact logic would dictate that if it were technically possible then the offended country should provide the means to block...much as, it appears, China seems to with internet content.

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  • 7 months later...

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