Following its publication on Counterpunch, I also received the following comment from Michael Kenny:

“What is astonishing in your Counterpunch article is what you don’t mention: the European Convention of Human Rights, which is central to the whole thing. The European Arrest Warrant, like all other parts of Community Law, is subject to the Convention and any person extradited on foot of such a warrant continues to enjoy the full protection of the Convention. Mr Boudhiba could not therefore be extradited from Spain in contravention of the Convention.

Were the Spanish authorities to do so without according him due process, Spain would be in contravention of the Convention and would have to pay Mr Boudhiba compensation. The measure of damages in such a case would be the extent to which the Spanish authorities knew, or ought to have known, that Mr Boudhiba’s rights would be violated and the evils which actually befell him after extradition.Thus, Mr Boudhiba human rights are well protected, although unless his lawyers are more competent than you, he may not know it!

As for the European Arrest Warrant itself, you do not show how Mr Boudhiba’s would have been different if it had taken place under the European Convention on Extradition or even the traditional common law rules. I trust you were not trying to use Mr Boudhiba’s situation as a convenient weapon to smear the EU!”

This was my response:

“In reply, Michael, although you are correct to point out the significance of the European Convention on Human Rights and its legal obligations, what I was pointing out is that the British government has been attempting, through “memoranda of understanding” with Jordan and Libya, and through a similar agreement with Algeria, to brush aside the absolute legal prohibition against “non-refoulement” in order to return “terror suspects” – held in the UK without charge or trial – back to their countries of birth. My fear, given that the US government recently entered into “diplomatic assurances” with Tunisia that two detainees returned from Guantánamo would not be abused (whereas they have, in fact, been imprisoned and subjected to ill-treatment), is that the UK and Spain may attempt to do something similar with Mr Boudhiba, and I’m sure that the Algerians who have been deported this year from the UK to the countries of their birth would be surprised to hear you say that they had any form of protection whatsoever.”