The suspicious pirates' transfer agreement with Mauritius
Foreign relations experts from the 27 member states of the European Union are finalizing another version of a pirate transfer agreement with Mauritius. It should be forwarded to the Mauritian authorities for a final review. And it can then be officially approved. This is the second attempt by the EU to reach an agreement (1). Lawyers have, in fact, found solutions to the two main problems that arose. And Mauritius will receive support
Compromise solutions
Firstly, on the death penalty (which remains legally in force even if it is no longer applied), "sufficient" guarantees have been provided by the authorities for it not to be applied. Otherwise, the European Union could denounce the agreement. The death penalty has been suspended on the island since 1987. But following the murder of an Irish woman, Michaela Harte, in early January while she was on her honeymoon, a political debate has begun in Mauritius on the reinstatement of the penalty. capital city (*).
Secondly, on the transfer of the pirates from Mauritius to another country, the difficulty was both to respect the European will to be able to oppose such an agreement and the decision-making autonomy of Mauritius. Instead of a "written consent" required by the European Union, a slightly more complex device has been found. The authorities of the Island must notify the European Union of any transfer. And this is subject to the agreement "of the parties" (of one as of the other). A compromise that respects the positions of each other and allows Europeans to be able to oppose when the transfer is made to a country that does not respect international standards (rights of defense, independent justice, no death penalty. ..). NB: this question of transfer is not only theoretical. Thus the death penalty remains applicable and is regularly required in the neighboring island of Madagascar.
(*) This assassination aroused great emotion not only in Mauritius but also in Northern Ireland: Michaela was the daughter of Mickey Harte, famous footballer and current coach of Tyrone Gaelic football (Ulster) and her husband the nephew of the bishop of Dromore.
Read also:
