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Concerns over whether man wanted in US on terrorism charges can practice his religion if surrendered important aspect of case, High Court hears
Summary
The High Court heard arguments regarding the extradition of Ali Charaf Damache, an Algerian-born Irish citizen wanted in the US on alleged charges of conspiracy to provide material support to terrorists and attempted identity theft to facilitate an act of international terrorism. Counsel for the defendant, Mícheál P O'Higgins SC, argued that surrendering Damache would breach his human rights, specifically concerning his ability to practice Islam. Affidavits highlighted significant barriers to religious observance in solitary confinement at the ADX Supermax Prison in Colorado, where Muslim inmates face difficulties performing ablutions and congregational prayers. O'Higgins also contended that US sentencing practices differ fundamentally from Irish law, noting that hearsay material could be used and that Damache faces a potential sentence of up to 45 years, which is significantly higher than Irish penalties. The Attorney General's counsel, Ms Cathleen Noctor BL, presented a diplomatic letter seeking Damache's surrender to stand trial in the Eastern District of Pennsylvania. It was alleged that Damache contacted Colleen La Rose, who was convicted last January and sentenced to 10 years in prison for planning to murder Swedish cartoonist Lars Vilks. Damache is alleged to have arranged for La Rose to travel to the Netherlands and Ireland to avoid US scrutiny. The case is before Ms Justice Aileen Donnelly following a Supreme Court direction for a new judge to hear the matter after a previous refusal of leave for judicial review.
Who, what, where, when and why
What: Report matter: Concerns over whether man wanted in US on terrorism charges can practice his religion if surrendered important aspect of case, High Court hears. Charges or matters: conspiracy to provide material support to terrorists; attempted identity theft to facilitate an act of international terrorism; planning to murder Swedish cartoonist Lars Vilks. Procedural stage: sentence
When:
- January 11, 2013 Hearing Or Sentence
- March 2011 Other
- 2014-11-26 Publication
Why: The case is now proceeding in front of Ms Justice Aileen Donnelly because the Supreme Court directed that a new judge hear it after Mr Justice John Edwards previously refused leave for judicial review. CNI source report
Case subjects
Defendant
Charges: conspiracy to provide material support to terrorists; attempted identity theft to facilitate an act of international terrorism (Alleged Or Contested)
Applicant
Charges: planning to murder Swedish cartoonist Lars Vilks (Alleged Or Contested)
Outcome: LaRose was sentenced last January to 10 years in prison after being convicted of planning to murder Swedish cartoonist Lars Vilks, who had depicted the head of the Muslim prophet Mohammad on a dog.
Places mentioned
Topics
Stage Sentence Theft Violent Crime
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