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Friday, July 22, 2005

Spain considers refusing German extraditions after terror suspect's release
Kate Heneroty at 1:38 PM ET

[JURIST] Senior magistrates in Spain's Audiencia Nacional, the country's primary terrorist court, say that they are contemplating refusing to extradite Spanish nationals to Germany after German officials refused to extradite [JURIST report] and later released Mamoun Darkazanli [BBC report], a German national and suspected al-Qaeda financier wanted in Spain on terrorist charges. Germany's Federal Constitutional Court, Bundesverfassungsgericht (BVerfG) [official website, in German] ruled this week that the European arrest warrant violated the German Constitution [text], which prohibits the extradition of its own citizens. The Spanish magistrates said that if the German court's ruling only affects German nationals, "then those petitions with the objective of detaining or handing over Spanish nationals to Germany will have to be denied." The Financial Times has more.






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