Trinidadian Judge Upholds Extradition of Alleged Terrorists to the U.S.

A Judge in Trinidad has recently upheld the extradition of three men accused of participating in a plot to attack New York's John F. Kennedy airport.^[1] The Judge denied the individuals’ most recent efforts to escape extradition to the United States to face trial on those charges.^[2]

High Court Justice Nolan Bereaux stated that nothing in the Caribbean nation's legal code prevented the extradition of the two Guyanese and one Trinidadian alleged with committing the crimes; ones which could result in sentences of life in prison.^[3]

The accused individuals’ attorneys deny that their clients had any involvement in the alleged plot, and insisted that they would appeal.^[4]

Kareem Ibrahim, the Trinidadian suspect, stated that he was medically unfit to be sent to the U.S. for trial due to his diabetes and claustrophobia, however, the Judge rejected that argument.^[5]

Along with Ibrahim, the Guyanese suspects, Abdul Kadir and Abdel Nur, are accused of plotting the destruction of fuel lines that feed JFK airport as part of an alleged conspiracy with a U.S. citizen currently in custody in New York.^[6]

The three men were arrested in June 2007 by authorities in Trinidad and have been contesting their extradition ever since.^[7] The accused individuals will now go before a three-judge panel to appeal their extradition to the United States.^[8]

The men were indicted in the U.S. for conspiring to ''cause death, serious bodily injury and extensive destruction.”^[9]

A treaty signed in 1997 governs extradition between the U.S. and the dual nations of Trinidad and Tobago.^[10] The treaty provides that the offense for which the individuals are being extradited be one which satisfies the rule of dual criminality.^[11] The rule of dual criminality defines an extraditable offense as one punishable under the laws of both Contracting States.^[12] In the case of the extradition treaty between the U.S. and Trinidad and Tobago the offense must be one where the penalty is imprisonment for a period of more than one year or one which carries an even more severe penalty.^[13] The treaty also defines as extraditable offenses those which include an attempt or a conspiracy to commit, aiding or abetting, counseling, or procuring the commission of or being an accessory before or after the fact to an extraditable offense.^[14]

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] The Associated Press, Trinidad OKs Extradition of 3 men in JFK Airport Plot, N.Y. Daily News, Feb. 18, 2008 (available at http://www.nydailynews.com).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10]Extradition Treaty between the Government of the United States of America and the Government of Trinidad and Tobago, S. Treaty Doc. 105-21, 1996 U.S.T. LEXIS 59.
[11] Id at Art.2.
[12]Posting of McNabb Associates, P.C., at McNabbassociates.com (available at http://www.internationalextradition.com/extradition.htm).
[13]Extradition Treaty between the Government of the United States of America and the Government of Trinidad and Tobago, S. Treaty Doc. 105-21, 1996 U.S.T. LEXIS 59.
[14] Id.