2014-12-05 · Waterford
Applying Irish Constitution to US processes would not be useful, Damache extradition hearing told
In a High Court extradition hearing, the State argued that applying the Irish Constitution to the United States' criminal justice system would be unhelpful. Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, is wanted in the US on terrorism conspiracy charges. Counsel for the State, Remy Farrell SC, noted that the extradition agreement assumes significant procedural differences between member states and that the US process would not violate Article 38 of the Irish Constitution, which requires due process. Farrell also said that the court should not use an Irish constitutional "telescope" to scrutinise US procedures, as this would be unuseful and not an egregious breach. He warned that a non‑surrender would be a radical step. Mícheál P O'Higgins SC for Damache highlighted that a US conviction could lead to up to 45 years in prison and possible solitary confinement at ADX Florence. The hearing was adjourned until the following Tuesday.