Germany blames Brexit for blocking extradition of Madeleine suspect | UK | News
Brexit has effectively blocked any attempt to bring Madeleine McCann suspect Christian Brueckner to trial in Britain, dealing a blow to hopes of justice for the missing toddler, the Express understands.
A spokesman for the German government said the country’s post-war constitution prohibits the extradition of suspects to countries outside the EU. Asked whether Brexit would decide Brueckner’s fate, the spokesman said: “Yes, that is the case.”
Article 16 of the German constitution states that “no German shall be extradited to a foreign country” and singles out only EU member states and institutions such as the Hague. German officials say extraditions to the UK have been “generally prevented by German constitutional law” since Britain left the EU.
Before Brexit, the European Arrest Warrant allowed British authorities to secure the automatic transfer of suspects from Germany, facing few legal hurdles.
The findings emerged days after it was revealed that Scotland Yard wanted to try Brueckner on British soil for the toddler’s disappearance, casting serious doubt on whether the 49-year-old convicted pedophile will be held accountable in the UK.
Will Christian Brueckner face justice because of Madeleine McCann?
Scotland Yard is understood to have made a new attempt to charge Brueckner ahead of the 20th anniversary of Madeleine’s disappearance in Portugal in 2007. A senior civil servant is leading a renewed effort to bring a suspect to the UK to stand trial over the three-year-old boy’s disappearance.
German prosecutors identified Brueckner as the prime suspect in the McCann case five years ago, and he has since rejected the latest extradition request. “I have good lawyers,” he said.
A source close to the legal team told MailOnline they were confident extradition would never happen. “We have come here many times before, but nothing happened. We are sure that this initiative will result in the same way.
“If the UK authorities have any evidence and they are so sure about it, why don’t they share it with the Germans so they can examine it and come forward with their own accusations?
“German law prohibits the extradition of German citizens to another country; they can only be tried in Germany, so this is unlikely to happen.”
Senior prosecutor Han Wolters was also skeptical of this possibility. “I suspect it’s just hot air. Extradition would require an arrest warrant. But there is absolutely no such warrant,” he said.
A second source close to Brueckner added: “He’s seen the news and knows about it. He’s not impressed by it at all. According to him, they’ve spent years trying to make a case against him and failed. He’s very sure this isn’t going anywhere anytime soon, but he’s still always been an arrogant and confident guy.”
What other legal problems does Christian Brueckner face?
Separately, The Telegraph reported that Brueckner was also under investigation over a violent fight in the northern German port city of Kiel. The crime, known as “mutual assault” in German law, treats the suspect as both perpetrator and victim.
A German police spokesman told the Telegraph that Kiel prosecutors had received a formal complaint and would decide whether charges would be pursued, but officers refused to give further details. Conviction could carry a prison sentence of up to five years.
