Across Europe, persons who have been successful in challenging INTERPOL red notices, extradition requests or EAW proceedings face the risk of re-arrest and extradition or surrender, particularly when such persons cross borders. This is the case even where a successful challenge has come about because of the risk of a violation of human rights or political persecution that applies equally throughout Europe. They are thus de facto deprived of their right to freedom of movement and effective protection of their human rights, and lack remedies to avoid being re-arrested in all remaining EU and Council of Europe countries. 

The ECBA proposes that the Member States of the EU should to give effect to the principles of mutual trust and mutual recognition, the right to liberty, and right to freedom of movement within the EU by agreeing: 

• That a decision by a judicial authority of a Member State is binding upon the authorities of another Member State and as such prevents arrest and extradition or surrender if the court has found the request for extradition to violate the principle of ne bis in idem or to be disproportionate;
• That a decision by a judicial authority of a Member State is binding upon the authorities of another Member State and as such prevents arrest and extradition or surrender if the court has found a risk of a violation of fundamental rights, as long as it has not been established that the requesting state has taken steps to remediate this risk;
• To the creation of an independent, harmonised mechanism at the EU level in order to regulate the issuance and subsistence of alerts in the SIS (and the execution and continued effects of an INTERPOL alert within the EU) and to provide effective procedural safeguards on national and European-level with regard to the access and effective remedies against alerts. 

We also encourage Members States of the Council of Europe to reflect on our recommendations and consider the possibility of recognizing the binding effect of the above-mentioned decisions by judicial authorities of any Council of Europe Member State as a matter of priority.

Read the full statement here.