Identifier
Created
Classification
Origin
06THEHAGUE1966
2006-09-08 05:37:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy The Hague
Cable title:  

EXTRADITION: SUPREME COURT APPROVES EXTRADITION OF

Tags:  CJAN PTER PREL CVIS KCRM NL 
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VZCZCXRO4527
PP RUEHAT
DE RUEHTC #1966 2510537
ZNR UUUUU ZZH
P 080537Z SEP 06
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC PRIORITY 6742
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHAT/AMCONSUL AMSTERDAM 1350
RUCNFB/FBI WASHINGTON DC
RUEHGB/AMEMBASSY BAGHDAD 0066
UNCLAS THE HAGUE 001966 

SIPDIS

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

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: CJAN PTER PREL CVIS KCRM NL
SUBJECT: EXTRADITION: SUPREME COURT APPROVES EXTRADITION OF
DUTCH TERRORIST SUSPECT WESAM AL DAELEMA

REF: 05 STATE 209831

UNCLAS THE HAGUE 001966

SIPDIS

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

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: CJAN PTER PREL CVIS KCRM NL
SUBJECT: EXTRADITION: SUPREME COURT APPROVES EXTRADITION OF
DUTCH TERRORIST SUSPECT WESAM AL DAELEMA

REF: 05 STATE 209831


1. (SBU) SUMMARY. The Dutch Supreme Court ruled September 5
that Iraqi-born Dutch citizen Wesam Al Daelema may be
extradited to the United States to face terrorism charges.
Al Daelema was the first individual to be indicted in a U.S.
criminal case for terrorist activities in Iraq. In fighting
his extradition, Al Daelema has argued that he would not
receive a fair trial in the United States and that he would
be at risk of torture or treatment as an enemy combatant if
extradited. The Minister of Justice is expected to issue an
extradition order expeditiously. End Summary.


2. (U) The decision in the Al Daelema case is the first
Supreme Court ruling on the extradition of a Dutch national
charged with terrorist offences. The text of the opinion
has not yet been released. Press coverage of the decision
has highlighted the arguments raised by the defense in the
initial extradition proceedings that Al Daelema would face
mistreatment if extradited to the United States, and that he
should be tried in the Netherlands, where an investigation
on similar charges had begun before the U.S. extradition
request was made in September 2005.



3. (SBU) Al Daelema is expected to exercise the option
available in all extradition cases to present additional
arguments to the Justice Minister against his approving the
extradition. A Justice Ministry contact told us September 7
she expected the Minister to approve the extradition order
in four to six weeks. She stressed that the Ministry wanted
to ensure that the justification statement accompanying the
extradition order would readily withstand any further legal
appeals by the defense. Post will track further
developments in the case closely.


4. (SBU) BACKGROUND. Al Dalaema was indicted in September
2005 on six charges, including conspiracy to kill American
citizens abroad and conspiracy to use an explosive to
maliciously damage or destroy U.S. government property, in
connection with attacks on U.S. military personnel in Iraq
in 2003. In November 2005, the USG provided supplemental
"assurances" to the GONL that Al Dalaema would be tried in
the Federal criminal justice system as a normal criminal
defendant and not be treated as an "enemy combatant," to
forestall a successful defense argument that extradition be
ruled inadmissible due to the possibility of extra-judicial
treatment. The Rotterdam District Court ruled his
extradition permissible in December 2005. The Supreme Court
heard Al Daelema's appeal in April 2006, but recessed for
the summer before issuing its decision.

ARNALL