Dutch Justice triumphs over torture

Netherlands won't extradite terror suspect to U.S. No expectation of human rights, fair trial in America

by Anthony Deutsch, Associated Press

Oct. 12, 2005

THE HAGUE, Netherlands

-- A Dutch court on Wednesday blocked the extradition of a Dutch terror suspect to the United States, saying his legal rights in U.S. custody could not be guaranteed. The man, who is of Egyptian descent and was identified only by his initials M. A., is wanted on charges of fraud and conspiracy to commit fraud, apparently to help the al Qaeda terrorist network. He has been in custody in the Netherlands for around eight months. The ruling by the Hague District Court said the suspect's "fundamental right" of unlimited access to a defense lawyer and immediate access to a judge may be compromised in the United States. Last month, the court sought guarantees from U.S. prosecutors that the detainee would be afforded those basic rights if he were extradited. In Wednesday's ruling, it rejected a U.S. submission that "the United States views such a request as unwarranted and unnecessary." The ruling is a setback for efforts by the two countries to strengthen trans-Atlantic cooperation in the fight against terrorism. The Dutch Justice Ministry, which had already approved the extradition, said it was studying the decision and could not comment in detail. "We are considering ways to advance the case. We don't rule out an appeal," said spokesman Arnaud Strijbis. The court also ordered the government to pay the defendant about $1,300 to cover his legal fees. The defendant's lawyer, Bart Nooitgedagt, called the decision a major victory for his client. He said he would seek the suspect's release, although he still could face prosecution by Dutch authorities for the alleged crimes. "This ruling is unique in Dutch legal history. Never before has a judge ruled that an extradition to the United States could not take place because the rights of a defendant could not be guaranteed," Nooitgedagt said. Nooitgedagt said U.S. prosecutors sought to question his client in relation to the so-called Detroit sleeper-cell case from 2003 against four North African immigrants, the first U.S. prosecution of an alleged terror cell detected after the Sept. 11, 2001 attacks. The case fell apart over prosecutorial misconduct and earlier this year the chief prosecutor resigned and a federal judged apologized to the defendants. U.S. authorities sought to prosecute the Dutch suspect on charges of telecommunications fraud related to the Detroit case, but Nooitgedagt feared they would use interrogations tactics banned under international law.