Murder victim Moira Jones’s killer may not have been brought to justice in Scotland if Tory Government extradition rules had been in place.
Justice Secretary Humza Yousaf has claimed Slovakia, where Marek Harcar fled after the murder, has backed a bar on surrendering its nationals.
In a letter to the UK Government, Yousaf said a “justice gap” could lead to “impunity” and “safe havens” for criminals across the EU.
Moira’s body was found in Queen’s Park, Glasgow, in 2008 after she was raped and murdered.
Killer Harcar, who had come to Scotland from Slovakia, fled back to his homeland.
The Crown Office obtained a European Arrest Warrant, which removes barriers to extradition for EU members.
Harcar was arrested after being found hiding in a friend’s house and a jury at the High Court of Glasgow found him guilty.
However, the UK left the EAW after Brexit.
A replacement was included within the trade and cooperation agreement concluded between the UK and EU.
In a letter to Home Office minister Kevin Foster, Yousaf said the strength of the EAW was scrapping extradition barriers across the EU, but warned this principle is not part of the new agreement.
He said: “Now, as an entirely predictable consequence of the UK’s exit from the EU, I am advised 10 member states have notified the UK they will not permit their own nationals to be surrendered to the UK.”
He added: “In particular, I find it seriously troubling that Slovakia has notified an absolute bar to surrender of its own nationals.
“Scottish police officers were able to quickly bring an accused back from Slovakia to Scotland to face justice thanks to the levels of cooperation that existed previously.
“Such swift and vital cross border police work will now be hugely difficult.”
Labour’s Shadow Scottish Secretary Ian Murray said: “It’s important the Government takes urgent action on this to prevent the UK being a soft spot for international criminals.”
Lib Dem justice spokesman Liam McArthur said: “There is a real risk that people who would otherwise face justice will slip through the net.”
Foster said: “Some EU member states have constitutional bars against the extradition of their own nationals to non-EU countries, which is why we negotiated a specific agreement which allows for offenders to face justice via another route, even where a country will not extradite their own national.”
