DUTCH GOVERNMENT WILL APPEAL INJUNCTION AGAINST

UNCLAS THE HAGUE 002859

SIPDIS

STATE FOR L/LEI AND EUR/UBI
JUSTICE FOR OIA/JFRIEDMAN

E.O. 12958: N/A
TAGS: CJAN PREL CVIS KCRM NL
SUBJECT: DUTCH GOVERNMENT WILL APPEAL INJUNCTION AGAINST
EXTRADITION OF MOHAMED ABDELLA ABD ELAAL AWAD

REF: THE HAGUE 2765


1. Justice Minister Donner has approved filing an appeal of
The Hague District Court's October 12 injunction against the
Minister's extradition order for Mohamed Awad, wanted in the
U.S. on fraud charges. The state attorney is expected to
file the appeal with The Hague Appellate Court on October

26. Although the appellate court will be asked to consider
the appeal as soon as possible, it may be several months
before the court rules. The Hague District Court ruling
indicated that it granted the injunction against Awad's
extradition because it regarded the guarantees provided by
the U.S. Government that Awad would not be prosecuted on
charges other than those specified in the extradition
request as "insufficient" and "not sufficiently specific."


2. Separately, the Supreme Court will consider Awad's
request for release from detention October 21. Ministry of
Justice contacts have told us that they cannot predict which
way the Supreme Court is likely to rule on the request. The
Court has been informed that an appeal of the injunction
will be filed, but it is not clear how that will factor into
the Court's decision on releasing Awad from custody.

Blakeman