Germany voids EU warrant for terror suspect

mkpdavies · 20-07-2005, 12:33 AM

http://www.chicagotribune.com/news/n...ck=1&cset=true

Quote:

BERLIN -- In a ruling seen as a sharp blow to coordinated counterterrorism efforts in Europe, Germany's highest court on Monday refused to turn over a citizen suspected of aiding Al Qaeda to Spain, arguing that a recent European agreement to streamline extradition procedures violated the rights of German citizens.

Quote:

Darkazanli, who runs a trading company in Germany, is pictured on a videotape at a wedding in Hamburg in 1999 attended by two of the pilot-hijackers in the Sept. 11, 2001, attacks in the United States.

Germany ignoring the will of the EU. Whoda thunk it. If they have some REAL evidence on this guy being involved, then poor show Germany. However, if all they have is he attended a wedding where some other hijackers went too, then bravo Germany.

Of course the wedding video should prick interest, but that just isn't enough for me to see people arrested and sent to Spain.

Quote:

But Monday the German Constitutional Court declared the law that created the European warrant void, even though the law was ratified by the German parliament in November. The court reasoned that the law infringed on every German citizen's right, enshrined in this country's Basic Law, to a hearing in a court in Germany before extradition can take place.

This is interesting. It is saying to the EU that the Nations laws, come before the EU's. How come this doesn't work for us?

Richard · 20-07-2005, 05:14 PM

Good on you Germany!

We'll just have to see what Spain and the EU decides to do. More likely thy'll just force Germany INTO phpbb_backing down. I can't see the EU letting Germany get away with it though.

SGK · 26-07-2005, 09:22 AM

The German constitutional court seems to be flexing its muscles recently and could become a thorn in the side.
As I understand this case, the German constitution does not allow extradition to Spain because he didn't commit a crime on Spanish soil. He has been aquitted in Germany of any involvement, although if I remember correctly it was through an appeal.
There was some controversy here when he was released, as the general feeling was that he had at least been aware, if not actively been involved, but I don't remember the details.
Interestingly, on another issue, the constitutional court has yet to rule on whether the EU constitution can be implemented in Germany. As the EU constitution will pass all power to the EU and the ECJ, they will effectively be asked to condemn themselves to oblivion. Can't wait.

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20-07-2005, 05:14 PM	#2 (permalink)
Richard Member Join Date: Jul 2005 Location: Gloucester Posts: 168	Good on you Germany! We'll just have to see what Spain and the EU decides to do. More likely thy'll just force Germany INTO phpbb_backing down. I can't see the EU letting Germany get away with it though.

26-07-2005, 09:22 AM	#3 (permalink)
SGK Senior Member Join Date: Jul 2005 Posts: 1,237	The German constitutional court seems to be flexing its muscles recently and could become a thorn in the side. As I understand this case, the German constitution does not allow extradition to Spain because he didn't commit a crime on Spanish soil. He has been aquitted in Germany of any involvement, although if I remember correctly it was through an appeal. There was some controversy here when he was released, as the general feeling was that he had at least been aware, if not actively been involved, but I don't remember the details. Interestingly, on another issue, the constitutional court has yet to rule on whether the EU constitution can be implemented in Germany. As the EU constitution will pass all power to the EU and the ECJ, they will effectively be asked to condemn themselves to oblivion. Can't wait.