A European Court Ruled Abu Hamza al-Masri Can be Extradited to the United States to Face Terrorism Charges

September 25, 2012

The Associated Press on September 24, 2012 released the following:

“UK to extradite radical Muslim cleric to US

By SYLVIA HUI, Associated Press

LONDON (AP) — A European court ruled Monday that radical Muslim cleric Abu Hamza al-Masri can be extradited to the United States to face terrorism charges, including allegedly trying to set up an al-Qaida training camp in rural Oregon.

The decision ends a long-running legal battle and means that al-Masri, considered one of Britain’s most notorious extremists, could be deported within weeks along with four other terrorism suspects in Britain.

Authorities in the U.S. have for years asked for Al-Masri and the others to be handed over, but the process had been delayed because the men raised human rights objections.

The men had argued before the European Court of Human Rights that they could face prison conditions and jail terms in the U.S. that would expose them to “torture or inhuman or degrading treatment or punishment” in breach of the European human rights code.

In April, the Strasbourg, France-based court rejected those claims. Al-Masri and the four others lodged an appeal to the court’s highest judges, but on Monday the court said it refused to hear it. “Today the Grand Chamber Panel decided to reject the request,” the court said in a brief statement. It did not give a reason for refusing the appeal.

Britain’s Home Office and the U.S. Department of Justice welcomed the decision.

“We will work to ensure that the individuals are handed over to the U.S. authorities as quickly as possible,” said the Home Office.

The suspects, who are accused of crimes such as raising funds for terrorists, could face life sentences in a maximum-security prison.

Al-Masri was arrested in Britain in 2004 at the request of U.S. authorities, who have called him “a terrorist facilitator with a global reach.”

They accuse him of assisting the taking of 16 hostages — including two American tourists — in Yemen in 1998 and of conspiring to set up a terrorist training camp in Bly, Oregon, between 2000 and 2001.

He also is accused of conspiring with a U.S. citizen to facilitate a jihad — or holy war — in Afghanistan and providing material support to al-Qaida and the Taliban.

The cleric, who is blind in one eye and wears a hook for a hand, lost several British court cases in his fight against extradition before taking the case to the European court in 2008.

Known for his fiery anti-Western and anti-Semitic outbursts, he claims he has lost his Egyptian nationality, but Britain considers him an Egyptian citizen. He is currently serving a seven-year prison term in Britain for separate charges of inciting hatred.

The other four suspects due to be extradited to the U.S. are Babar Ahmad, Syed Tahla Ahsan, Khaled al-Fawwaz and Adel Abdul Bary.

Ahmad and Ahsan are charged in U.S. federal court in Connecticut with running a terrorist website in London, providing material support to terrorists, conspiring to kill U.S. nationals, and money laundering. Supporters of Ahmad, who was arrested in 2004 and has been held in a British jail since then without charge, are trying to help him get a trial in Britain because his alleged offense happened in London.

Al-Fawwaz and Bary, accused of being key aides to Osama bin Laden in London, are wanted in a New York federal court for the 1998 bombings of two U.S. embassies in Kenya and Tanzania that killed 224 people. Al-Fawwaz faces many counts of murder.

The human rights court said that it has not decided on the case of a sixth suspect, Haroon Rashid Aswat, who was accused of being Al-Masri’s co-conspirator in attempting to set up the camp in Oregon. The court said it needed to consider more information about his case.

In Washington, Dean Boyd, spokesman for the National Security Division of the U.S. justice department, said: “We are pleased that the litigation before the European Court of Human Rights in these cases has come to an end, and we will be working with the U.K. authorities on the arrangements to bring these subjects to the United States for prosecution.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Dutch supreme Court OKs alleged terror suspect extradition

April 18, 2012

Newsday on April 17, 2012 released the following:

“By The Associated Press MIKE CORDER (Associated Press)

THE HAGUE, Netherlands – (AP) — The Supreme Court approved Tuesday the extradition of a Dutch-Pakistani man wanted in the United States on suspicion of terror crimes including plotting a suicide attack on an American military base in Afghanistan.

The suspect, identified only as Sabir K. under Dutch privacy laws, was arrested in Pakistan last year and expelled to the Netherlands where he was sent to a high-security jail pending extradition.

In a written ruling, the Netherlands’ highest court rejected K.’s argument that he should not be extradited because he was tortured in Pakistan and that Americans were involved in the abuse.

He was indicted last June by a federal grand jury in New York.

The Supreme Court said its ruling cleared the last legal hurdle to K.’s extradition, which must be approved by the Dutch government, but his lawyer vowed to fight on.

“It is disappointing, but we still hold out hope this man will not be extradited,” attorney Andre Seebregts told The Associated Press in a telephone interview.

“We will now go to the minister for security and justice and should he agree with the extradition we will file and injunction in The Hague and after that we could go to the European Court of Justice,” Seebregts added. “We are not done.”

Seebregts said he had not spoken to his client to get his reaction since the ruling was issued.

In an unusual move, the Dutch Foreign Ministry released a statement last year saying that the Dutch consul in Pakistan visited K. twice while he was in detention and saw no signs of abuse, though it noted he was blindfolded coming and going to the visits.

The foreign ministry rejected claims by K. that the Dutch government assisted U.S. authorities by luring him to the Netherlands with false promises he would be freed once he left Pakistani soil.

According to a Dutch summary of the U.S. indictment, K. worked for and with al-Qaida between 2004 and 2010. It says he tried to kill U.S. soldiers in Afghanistan, including planning a suicide attack on a U.S. military base in Kunar province in 2010.

He was also charged with possession and use of guns and “destructive material,” presumably explosives, during attacks on U.S. troops.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Netherlands here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Kenyan Government Allegedly Disregards Formal Extradition Proceedings

August 18, 2010

Kenya secretly sent four terrorism suspects to Uganda after the World Cup bomb blasts in violation of Kenyan law, and FBI agents interrogated three of them in a manner that broke Ugandan law, human rights officials say.

The officials said that Kenya circumvented its own extradition laws to send the four suspects to Uganda, where they can be interrogated for a lengthy period without scrutiny. Further, there is no indication that Uganda made formal extradition requests of the individuals.

Lawyer Mbugua Mureithi, who represents the families of suspects, said no attempts were made by the Kenyan government to follow extradition procedures.

A spokesman for Kenya’s government said Wednesday he did not have any immediate comment.

No arrest warrants exist in Kenya and nor do any court orders granting permission for the citizens to be removed from the country, Mureithi said. Kenyan authorities should have first charged the suspects in Kenya, he said. Instead, he charges that the removals amount to kidnapping.

Mureithi said the FBI and Kenyan police interrogated three of the suspects in Uganda after they were charged in court on July 30, violating their rights of a fair trial under Uganda’s constitution. Mureithi said he had visited the three last week who told him that they also have been interrogated by the FBI at least three times.

A U.S. Embassy spokesman said Wednesday the U.S. is aiding the investigation but he did not have any immediate comment on the role the FBI was playing. Americans were among the casualties, which is most likely why the FBI is involved. The individuals may face possible extradition to the U.S., but only if the U.S. government makes a formal extradition request.

The four Kenyans — Hussein Hassan Agade, Idris Magondu, Mohamed Adan Abdow, and Mohamed Hamid Suleiman — were arrested from different locations in Kenya following the July 11 attack that killed 76 people as large crowds watched the World Cup final on TV.

Al-Shabab, a Somali group with links to al-Qaida, has claimed responsibility for the attacks and said it targeted Uganda because Ugandan troops belonging to an African Union peacekeeping force in Somalia have killed Somali civilians.

The transfer of the four suspects was similar to the arrests of 100 people of various nationalities who were fleeing violence in Somalia in 2007. Those arrested were flown back to Somalia and then to secret prisons in Ethiopia, where they were interrogated by the CIA and FBI. All those arrested in those swoops were set free within a year, but nine Kenyans remained in custody for more than a year before they were released.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, 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 at one of the offices listed above.

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Canadian Judge Denies U.S. Extradition Request

August 4, 2010

A Canadian indicted in the U.S. on charges he supplied al-Qaida with weapons was freed Wednesday after more than four years in jail after a judge refused to extradite him to the United States.

Abdullah Khadr, 29, has been held in Canada on a U.S. warrant since his December 2005 arrest. He is wanted in the U.S. for allegedly purchasing weapons for al-Qaida and plotting to kill Americans abroad.

The U.S. case against Khadr relied on a statement he made to the FBI and Canadian police in Pakistan, and information he gave when he arrived in Toronto in December 2005. Khadr’s lawyers argued the statements made in Pakistan were the result of torture.

Superior Court Justice Christopher Speyer ruled that the self-incriminating statement was “manifestly unreliable.”

Khadr’s father, Ahmed Said Khadr, an alleged al-Qaida militant and financier, was killed in 2003 when a Pakistani military helicopter shelled the house where he was staying with some senior al-Qaida operatives.

Khadr’s brother, Omar Khadr, is the last Western detainee held at Guantanamo Bay. Omar is accused of killing an American soldier with a grenade during a 2002 battle in Afghanistan.

Another of Khadr’s brothers, Abdurahman Khadr, has acknowledged that their Egyptian-born father and some of his brothers fought for al-Qaida and had stayed with Osama bin Laden.

The CIA paid Pakistani authorities a $500,000 bounty to detain Abdullah Khadr in October 2004. The U.S. alleges Abdullah Khadr bought AK-47 and mortar rounds, rocket-propelled grenades and containers of mine components for al-Qaida for use against coalition forces in Afghanistan. He allegedly bought the weapons at the request of his father, authorities said.

After Pakistani intelligence officers detained Abdullah Khadr in 2004, he was returned to Canada in 2005. The Royal Canadian Mounted Police arrested him at the request of the U.S.

Canada’s Justice Minister Rob Nicholson says the government would study the ruling closely before deciding whether to appeal.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, 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 at one of the offices listed above.

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