Ezúton szeretnénk megköszönni Dr. Draskovics Tibor, Igazságügyi és Rendészeti Miniszternek, hogy a legmagasabb fórumok szintjére emelte az ügyet.
"The Republic of Hungary has joined the European Union for, among other reasons, the assurance that a crime would always be followed by due punishment. I find it extremely regrettable that one of the most important principles of the European Union, the principle of the area of freedom, security and justice, has been seriously injured in the case of Ireland, on account of the above mentioned unsolved affair."
Dr. Tibor Draskovics, Minister of Justice and Law Enforcement, Republic of Hungary
Read the full letter:
To Mr. Franco Frattini
Vice-President of the Furopean Commission responsible for Justice, Freedom and Security
Brussels
Dear Mr. Vice-President,
Allow me to draw your attention to a tragic event affecting the cooperation between two member states of the European Union; a case which due to its unsolved nature has attracted much public attention to date in Hungary.
On the 9th April 2000 Francis Ciaran Tobin Irish national was driving his car in the inhabited area of a settlement near Budapest, significantly exceeding the permitted speed limit, when he drove onto the pavement hitting two siblings, aged 5 and 2, who died immediately.
The Hungarian courts having proceeded in the case found Tobin guilty of having caused road accident by negligent driving resulting in death, and sentenced him to three years imprisonment. Since the sentenced person had returned to his native country while the proceedings had still been pending, the Hungarian authorities attempted to serve on him the injunction inviting him to start to serve his due punishment. The service of the injunction, however, was rejected by the Irish Ministry of Justice, Equality and Law Reform referring to domestic legal obstacles.
The Hungarian authorities have firmly and resolutely demanded Tobin's extradition before all possible fora and in all possible ways, for example by initiating his international search. Despite these efforts, the Irish courts - holding that Tobin's leave from Hungary was not to be regarded as flee from the law - repeatedly hindered that Tobin serve his due punishment either in Hungary or in the Republic of Ireland.
In my opinion a person who fails to comply with a sentence imposed on him as a final court decision obviously flees from the execution of the sentence. Moreover, not even the provisions of the framework decision on the European arrest warrant can be construed as if they were applicable only to sentenced persons having fled.
When the identity of the person having caused the death of two innocent children is known and as a result of a formal criminal procedure due punishment was meted out on him in a final court decision, no situation barring the execution of the imposed sentence is acceptable.
On the 28 March 2008 I met the Irish Minister of Justice, Equality and Law Reform and I have made it clear, that it is unacceptable for me to leave a crime unpunished. The Minister accepted this principle and understood that in our view, in the instant case, this principle has been violated by the conduct of the Irish authorities, which is equally unacceptable for me, for the Government of the Republic of Hungary, and for our citizens.
The Republic of Hungary has joined the European Union for, among other reasons, the assurance that a crime would always be followed by due punishment. I find it extremely regrettable that one of the most important principles of the European Union, the principle of the area of freedom, security and justice, has been seriously injured in case of Ireland, on account of the above mentioned unsolved affair.
It is capable to fundamentally undermine the European citizen's faith in the European Union, if a perpetrator sentenced in one member state by a final decision can evade the execution of his due punishment in another member state.
Hereby I would like to indicate that we insist on the European Union taking the most definite action in order to ensure that the speed-limit exceeder having caused the children's death and having thereby caused deep sorrow not only to the children's family but also to the whole nation, receives his due punishment.
Please be so kind as to examine what measures the European Commission can take in this both legally and morally unacceptable case, in order to ensure that Francis Ciaran Tobin starts serving his due sentence and that no similar cases will occur in the future.
Dear Mr. Vice-President, allow me to take the opportunity to express the assurances of my highest consideration.
Budapest, 16 April 2008
Vice-President of the Furopean Commission responsible for Justice, Freedom and Security
Brussels
Dear Mr. Vice-President,
Allow me to draw your attention to a tragic event affecting the cooperation between two member states of the European Union; a case which due to its unsolved nature has attracted much public attention to date in Hungary.
On the 9th April 2000 Francis Ciaran Tobin Irish national was driving his car in the inhabited area of a settlement near Budapest, significantly exceeding the permitted speed limit, when he drove onto the pavement hitting two siblings, aged 5 and 2, who died immediately.
The Hungarian courts having proceeded in the case found Tobin guilty of having caused road accident by negligent driving resulting in death, and sentenced him to three years imprisonment. Since the sentenced person had returned to his native country while the proceedings had still been pending, the Hungarian authorities attempted to serve on him the injunction inviting him to start to serve his due punishment. The service of the injunction, however, was rejected by the Irish Ministry of Justice, Equality and Law Reform referring to domestic legal obstacles.
The Hungarian authorities have firmly and resolutely demanded Tobin's extradition before all possible fora and in all possible ways, for example by initiating his international search. Despite these efforts, the Irish courts - holding that Tobin's leave from Hungary was not to be regarded as flee from the law - repeatedly hindered that Tobin serve his due punishment either in Hungary or in the Republic of Ireland.
In my opinion a person who fails to comply with a sentence imposed on him as a final court decision obviously flees from the execution of the sentence. Moreover, not even the provisions of the framework decision on the European arrest warrant can be construed as if they were applicable only to sentenced persons having fled.
When the identity of the person having caused the death of two innocent children is known and as a result of a formal criminal procedure due punishment was meted out on him in a final court decision, no situation barring the execution of the imposed sentence is acceptable.
On the 28 March 2008 I met the Irish Minister of Justice, Equality and Law Reform and I have made it clear, that it is unacceptable for me to leave a crime unpunished. The Minister accepted this principle and understood that in our view, in the instant case, this principle has been violated by the conduct of the Irish authorities, which is equally unacceptable for me, for the Government of the Republic of Hungary, and for our citizens.
The Republic of Hungary has joined the European Union for, among other reasons, the assurance that a crime would always be followed by due punishment. I find it extremely regrettable that one of the most important principles of the European Union, the principle of the area of freedom, security and justice, has been seriously injured in case of Ireland, on account of the above mentioned unsolved affair.
It is capable to fundamentally undermine the European citizen's faith in the European Union, if a perpetrator sentenced in one member state by a final decision can evade the execution of his due punishment in another member state.
Hereby I would like to indicate that we insist on the European Union taking the most definite action in order to ensure that the speed-limit exceeder having caused the children's death and having thereby caused deep sorrow not only to the children's family but also to the whole nation, receives his due punishment.
Please be so kind as to examine what measures the European Commission can take in this both legally and morally unacceptable case, in order to ensure that Francis Ciaran Tobin starts serving his due sentence and that no similar cases will occur in the future.
Dear Mr. Vice-President, allow me to take the opportunity to express the assurances of my highest consideration.
Budapest, 16 April 2008
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