BELGIUM:TRABELSI EXTRADITION UPDATE

C O N F I D E N T I A L BRUSSELS 001823 SIPDIS STATE PASS L, S/CT, AND EUR/WE E.O. 12958: DECL: 11/30/2018 TAGS: PTER CJAN CVIS KCRM BE SUBJECT: BELGIUM:TRABELSI EXTRADITION UPDATE REF: SECSTATE 1788 Classified By: Political Economic Counselor Richard Eason for reasons 1 .4 (B) and (D). ¶1. (C) The Belgian MOJ advised Post November 27 that if everything goes smoothly, the GOB may have a final decision on the extradition of Nizar Trabelsi's by the end of the summer. ¶2. (C) Summary of Case for internal use only: Lieve Pellens, Federal Prosecuting Office spokesperson, confirmed November 27 that the American authorities have filed a request to extradite Nizar Trabelsi. The United States extradition request for Trabelsi concerns Trabelsi's terrorist activities aimed at harming United States citizens and United States property in the context of an Al Qaeda conspiracy and concerns conduct other than that for which he was previously convicted in Belgium. In 2004, Trabelsi was convicted in Brussels and sentenced to 10 years' imprisonment for planning an attack on the Klein Brogel Air Base. On November 19, 2008, the Nivelles Chamber of Indictment court ordered the continued detention of Trabelsi based on the U.S. arrest warrant that is the basis of the U.S. request for extradition. Specifically, the court verified the general conditions for the extradition. The court found that Trabelsi is not a Belgian national, the offenses alleged in the U.S. extradition are also offenses under Belgian law, and that at least some of the facts alleged are different than those for which Trabelsi was prosecuted and convicted in Belgium. Trabelsi has appealed the Nivelles court's judgment to the Court of Appeals in Brussels. If the Court of Appeals finds that Trabelsi is extraditable to the United States, it is likely that Trabelsi will appeal that decision to the Supreme Court of Belgium. The appeal to the Supreme Court is limited to legal issues. Once the Supreme Court rules on the extradition, the Court of Appeals will issue an advisory decision to the Minister of Justice. The Minister will review the advisory decision and then issue a decision regarding extradition. The Minister is not obligated to follow the advice of the Court of Appeals. End Summary. FOX .