February 25, 2010
A Somali man fighting extradition to the U.S. on terrorism charges has argued in a Dutch court that he is innocent and should be released.
Mohamud Said Omar is accused of providing money to the Somali Islamist group al-Shabab. It is also alleged that around 20 youths of Somali descent have traveled to Somalia from the United States since 2007 to help the group. This group is believe by U.S. authorities to engage in terrorist activities.
Omar was arrested at the request of the U.S. government in November of 2009. Since that time he has been held in a high-security Dutch prison. Although he has residency in the U.S., he had been living in a center for would-be asylum seekers in the Netherlands for nearly a year prior to his arrest.
There has been 14 people charged in ongoing U.S. federal investigations into the travels of young men traveling to Somalia to fight over a period of two years starting in 2007. These individuals are alleged of activities that include recruiting and raising funds for the trips, engaging in terrorist acts in Somalia, and perjury.
In the extradition request, U.S. officials state that they plan to charge Omar with providing or conspiring to provide “material support to a foreign terrorist organization,” and “conspiracy to kill, kidnap, maim or injure.” However, it has been argued that the specific acts Omar is said to have committed would not be considered crimes in the Netherlands. Under the principle of dual criminality, the crimes upon which one would be extradited must be a crime in both the country requesting the extradition and the country requested to extradite the one accused of the crime. If it is not a crime in both countries and there is dual criminality langauge in the extradition treaty, then the requested state does not have to extradite the individual.
Although an initial ruling in the case should be forthcoming in the next few weeks, Omar’s extradition is not likely for many months at the earliest.
Douglas McNabb, Erich Ferrari and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, International Extradition and OFAC litigation.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or a member of the firm at any location near you.
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mcnabb associates - international extradition | Tagged: international extradition, international extradition attorney, u.s.-netherlands extradition |
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February 15, 2010
Roman Polanski, remains on house arrest secured by a $4.5-million bond.
However, the Swiss Ministry’s deputy director said that a decision on Polanski’s case would not be made until courts in California had a definitive ruling on whether the director could be sentenced without returning to the U.S. Currently, such an issue is not pending before any California court, although Polanski’s legal team has said they will appeal a lower court judge’s refusal last month to sentence him in absentia.
As a result of these comments it seems that the timeline governing when the conclusion of Polanski’s case will depend on how long Polanski’s U.S. attorneys — and Los Angeles County prosecutors — pursue various appeals.
The U.S. Department of Justice has not commented on the status of the extradition request other than to say that the case is still pending.
Article 7 of the U.S.-Government of the Swiss Confederation Extradition Treaty states that if a person whose extradition has been requested was convicted in absentia, the Executive Authority of the United States and the Requested State may refuse extradition unless the Requesting State gives such assurances as the Requested State considers sufficient to safeguard the rights of defense of the person sought.
More information available on this case via the Los Angeles Times here.
Douglas McNabb, Erich Ferrari and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, International Extradition and OFAC litigation.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or a member of the firm at any location near you.
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mcnabb associates - international extradition | Tagged: Extradition attorney, Polanski extradition, Roman Polanski, switzerland extradition, u.s.-swiss extradition |
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Posted by McNabb Associates, P.C.