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| Europe | |
| 'Al-Qaeda man' wins German appeal | |
| 2005-07-18 | |
Germany's highest court has ordered the release of a German-Syrian businessman suspected of funding al-Qaeda, who was fighting extradition to Spain. The federal constitutional court ruled that the new European arrest warrant was invalid in the case of Mamoun Darkazanli, 46. He was detained in Hamburg in October on the warrant issued by Spain. He appears in a 1999 wedding video with two of the three 11 September suicide hijackers who had lived in Hamburg.
After the September 2001 attacks, the US froze the assets of Mr Darkazanli's Import-Export Company, saying it was a front for terrorism. He is among 41 suspects, including Osama bin Laden, indicted by Spanish Judge Baltasar Garzon. His case was a test of the new European arrest warrant, introduced last year to speed up the handover of terror suspects. Correspondents say all other suspects in Germany facing extradition under similar warrants will have to be released on bail, and that the German parliament will have to pass a new law if suspects are to be held in jail on EU warrants. Mr Darkazanli's lawyers argued that handing him over under the European arrest warrant would be against the German constitution. He has always denied any involvement in terrorism, saying he only knew the 9/11 hijackers by sight. A spokesman for the European Commission voiced regret that Germany had failed to implement the arrest warrant and urged it to bring its national legislation into line with EU policy. But Martin Selmayr also insisted that the arrest warrant was still valid. "From a first reading, it's a judgment that declares null and void the German implementation law, not the European arrest warrant," he said. | |
| Posted by:Steve |
| #21 Look you German girly man twit boy for some pig bitch named Allah. If some worthless piece of Muslime shit blew someone up in another country you can be darn sure America would hand his wife beating pedophile following terrorist ass over for a good old fashion Mexican hanging. Now fuck off. Idiots like you are one of the reasons the pIslamics are getting away with Muhamhead's teachings to convert or kills us all. In case you haven't notices kraut boy this means you! Unless you are one of them... |
| Posted by: PorKoran 2005-07-18 14:16 |
| #20 Even though I don't agree with the outcome I am glad to see the court not cave to the EU. Germany's constutition is the way it is for a reason. Tampering with it to satisfy the EU is not a good enough reason. Spain will have to use a different method to extradite him. Please do not lose track of him. |
| Posted by: Sock Puppet 0’ Doom 2005-07-18 16:43 |
| #19 Jackal, that would have been true for the current law as well, but this was not a disputed fact. The Germans wanted to do it the easy way. There wasn't enough to indict the Syrian here so the Spanish extradition call was welcome. The problem is: What the Syrian is alleged to have done was not a crime in Germany at the time, but it was in Spain and Spain suffered from Darkanzali's deeds. So the extradition makes much sense. Since there is no doubt that in his case the EU Arrest Warrant is justified Darkanzanli is not off the hook unless he can flee the country which won't be easy because he'll be watched 24/7 now until he can be rearrested. |
| Posted by: True German Ally 2005-07-18 16:31 |
| #18 We'll probably have a new law on extradition within weeks. Can you do that? I realize that it's not criminal law, so it wouldn't truly by an ex-post facto law under which he would be charged as a crime, but still, over here, the ACLU would probably find a Clinton-appointed judge who would overturn it. |
| Posted by: Jackal 2005-07-18 16:12 |
| #17 Btw Darkanzanli is not off the hook now. We'll probably have a new law on extradition within weeks. |
| Posted by: True German Ally 2005-07-18 15:08 |
| #16 Heh Shipman you don't want me to read you some of the hate letters I got in the 70s and 80s? |
| Posted by: True German Ally 2005-07-18 15:01 |
| #15 Jeez TGA are you sure you're okay? That was a pretty vicious hit. Is your self-esteem hanging in their? ;> |
| Posted by: Shipman 2005-07-18 14:58 |
| #14 It's frustrating because Darkazanli is/was a big cheese, in my estimation. These Syrian brotherhood guys are involved in a lot of nasty stuff in Europe. As far as I can determine, they are the true middle management echelon in European al Qaeda operations. These guys are mostly 37-49 years of age, and fled Syria after Hama. Darkazanli, Yarkas, Mustafa Setmariam Nasar aka Abu Musab al-Asuri (the Syrian), Mausilli Kalaji, and, going back a bit, Abu Rida al Suri aka Mohammed Loay Bayazid. Got to find the Syrians. |
| Posted by: Rory B. Bellows 2005-07-18 14:57 |
| #13 Don't worry, just an outbreak of foot-in-mouth-syndrome... nothing to see here just flush |
| Posted by: True German Ally 2005-07-18 14:54 |
| #12 Yeah, I would say that definitely qualified as an abusive comment. TGA, sorry you had to read that. |
| Posted by: Matt 2005-07-18 14:46 |
| #11 I love the sound of trolls going down the drain. |
| Posted by: Steve 2005-07-18 14:40 |
| #10 Nah, the public libraries turn them on in the morning for you. |
| Posted by: Pappy 2005-07-18 14:33 |
| #9 It's always helpful to switch on your brain before you start up the computer. |
| Posted by: True German Ally 2005-07-18 14:26 |
| #8 PorKoran, TGA is one of the most respected posters on this site - he's shown time and time again that he's definitely one of the good guys. |
| Posted by: Tony (UK) 2005-07-18 14:25 |
| #7 very nice - you kiss your boyfriend with that mouth? |
| Posted by: Frank G 2005-07-18 14:24 |
| #6 Well the EU wasn't stumbing, only those who implement EU regulation without considering the German Constitution. If a German commits a crime in Madrid I have no problems with him facing trial in Madrid. But before he gets extradited he MUST have the right to have his case considered in Germany, or his constitutional rights are violated. |
| Posted by: True German Ally 2005-07-18 14:09 |
| #5 Thank you, TGA. Once again we see the EU stumbling over its own... feet. |
| Posted by: Neutron Tom 2005-07-18 13:42 |
| #4 Our European courts are ruled by mostly socialist judges. Their ignorance is a threat to democracy. |
| Posted by: Dutchgeek 2005-07-18 13:35 |
| #3 This is one you can clearly stick to the redgreen gov, not to the courts. The EU arrest warrant was implemented with a national law that clearly violates the German Constitution. Darkazanli might benefit from the blunder but I hail the German Constitutional Court for making that decision. Germans must not be extradited abroad without due recourse in their own country, period. I am German. I have a right to contest my extradition at a German court, not post factum in Tallinn, Madrid or Athens. Would the US extradite an American citizen to Mexico without legal recourse? |
| Posted by: True German Ally 2005-07-18 13:17 |
| #2 Danke, dickweed jurists! |
| Posted by: MunkarKat 2005-07-18 11:43 |
| #1 His case was a test of the new European arrest warrant, introduced last year to speed up the handover of terror suspects. Well, that sure worked out well, didn't it? |
| Posted by: Bomb-a-rama 2005-07-18 10:47 |