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From ABC News
An American request for the extradition of a Turkish man wanted in the United States on terrorism charges was rejected because there was no other option under German law, authorities said Thursday, in a case that has raised the ire of officials in Washington.
Adem Yilmaz, who was indicted under seal in the U.S. in 2015 on charges of participating nearly 10 years earlier in attacks on U.S. military forces along the border between Afghanistan and Pakistan, was convicted of membership in a terrorist organization in Germany in 2010.
To extradite him to face trial in the U.S. on terrorism charges would constitute double jeopardy under German law, Frankfurt state court spokeswoman Gundula Fehns-Boeer told The Associated Press.
"An extradition could have only occurred if the Americans said they would restrict the charges to crimes not already punished," she said.
COMMENT:-
It's totally unacceptable that the German government should actually comply with German law respecting "double jeopardy" when the US government wants to try someone for committing a crime that they have already been tried and convicted for committing.
It's totally unacceptable that the German government would deport a Turk (who was charged, tried, and convicted under German law for committing a crime in Germany) to Turkey, where they ended up in a Turkish jail because they are charged with violating Turkish law (in respect of crimes for which they have NOT already been tried) and then for the Turks to insist on trying that same Turk, in a Turkish court, for violating Turkish law when the US government wants to try that person for committing a crime that they have already been tried and convicted for committing.
Right?
Who knew that law could be so difficult?
Germany: No choice but to reject terrorist extradition to US
An American request for the extradition of a Turkish man wanted in the United States on terrorism charges was rejected because there was no other option under German law, authorities said Thursday, in a case that has raised the ire of officials in Washington.
Adem Yilmaz, who was indicted under seal in the U.S. in 2015 on charges of participating nearly 10 years earlier in attacks on U.S. military forces along the border between Afghanistan and Pakistan, was convicted of membership in a terrorist organization in Germany in 2010.
To extradite him to face trial in the U.S. on terrorism charges would constitute double jeopardy under German law, Frankfurt state court spokeswoman Gundula Fehns-Boeer told The Associated Press.
"An extradition could have only occurred if the Americans said they would restrict the charges to crimes not already punished," she said.
COMMENT:-
It's totally unacceptable that the German government should actually comply with German law respecting "double jeopardy" when the US government wants to try someone for committing a crime that they have already been tried and convicted for committing.
It's totally unacceptable that the German government would deport a Turk (who was charged, tried, and convicted under German law for committing a crime in Germany) to Turkey, where they ended up in a Turkish jail because they are charged with violating Turkish law (in respect of crimes for which they have NOT already been tried) and then for the Turks to insist on trying that same Turk, in a Turkish court, for violating Turkish law when the US government wants to try that person for committing a crime that they have already been tried and convicted for committing.
Right?
Who knew that law could be so difficult?