Hodge Jones & Allen

Edmond Arapi continues to Campaign for Change in Extradition Law after facing Extradition Proceedings to Italy for a Murder He Did Not Commit

Press Release

26th September 2011

 

Edmond Arapi was arrested on a European Arrest Warrant (EAW) for a murder in Italy he did not commit.  It took over a year for the EAW to be withdrawn.

 

On 17 June 2009, Edmond Arapi was arrested on a European Arrest Warrant (EAW) at Gatwick Airport as he was returning from a holiday in Albania with his family.  The EAW stated that Mr Arapi had been convicted in his absence and sentenced to 16 years imprisonment for a murder in Italy in October 2004.  This was despite Mr Arapi not leaving the UK between 2000 & 2006.  He maintained his innocence from the outset.

 

Mr Arapi appeared at the City of Westminster Court and was remanded into custody.  He was finally released on 24 June 2009 with stringent bail conditions. 

 

On 10 March 2010, the extradition hearing took place and judgment was delivered on 1 April 2010. Mr Arapi’s extradition was ordered pursuant to Part 1 of the Extradition Act 2003 and he was remanded into custody until 7 May 2010.  Mr Arapi was released on conditional bail shortly before the birth of his third child.  This was a particularly stressful time for the entire family.  An appeal was lodged at the High Court and listed for 15 June 2010. 

 

Under the Extradition Act 2003, the UK Court was not able to consider arguments advanced by Mr Arapi that he was completely innocent and it was a case of mistaken identity.  Since Italy is considered a ‘category 1’ country under the legislation a streamlined procedure is following.  All that the UK Courts were able to consider was whether or not Mr Arapi was the person named on the EAW and in Mr Arapi’s case if he could receive a fair re-trial in Italy.  

The extradition was only halted at the appeal hearing after Italy withdrew the EAW after fingerprint evidence exonerated Mr Arapi of the murder.

 

Mr Arapi and his family suffered emotional and financial hardship as a result of extradition proceedings; they are unlikely to receive any compensation.  Mr Arapi considers stronger safeguards are needed to prevent this happening again to another innocent individual. 

 

Mr Arapi’s calls for reform are supported by the Joint Committee on Human Rights, who published a report on the Human Right implications of UK extradition policy in June 2011. It recommends that judges should be able to consider whether the extradition is in the interests of justice and the Courts should have the power to refuse extradition if it is not satisfied that the requested person has a case to answer.  

 

Mr Arapi’s Solicitor, Anna Thwaites of Hodge Jones & Allen LLP, agrees with the Joint Committee of Human Rights findings and considers reform needs to be urgently implemented.  

 

‘It is a complete travesty that there was no mechanism for Mr Arapi to establish his innocence through the UK Courts during extradition proceedings. A further injustice is that the family suffered both emotional and financial hardship yet there is no entitlement to compensation in the UK.  However, Mr Arapi primarily objective is to ensure that this nightmare does not happen to another family.’

 

For further information, please contact Anna Thwaites, Solicitor, Hodge Jones & Allen LLP on 020 7874 8487 or by email athwaites@hja.net