Courts / Waterford / Report

Lawyers for man wanted on international terrorism charges say US sentencing would not be proportional

Date
2014-12-02
Stage
Sentence
Primary locality
Waterford
County
Waterford

Summary

Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, is wanted in the United States on terrorism charges alleging he conspired to provide support to terrorists. His Irish lawyers, led by Mícheál P O'Higgins SC, argued in the High Court that U.S. sentencing would lack proportionality and violate his constitutional rights to a fair trial and due process. They noted that U.S. federal guidelines for Islamic terrorism offences carry a 97% conviction rate and that a life sentence is effectively imposed, with Damache facing up to 45 years in prison if convicted. The lawyers contended that such sentences would be "a lot more" than could be imposed in Ireland. The extradition hearing, now before Justice Aileen Donnelly after a Supreme Court‑directed review, will continue on Wednesday. The case follows a November Supreme Court appeal that overturned a decision not to prosecute Damache in Ireland. The U.S.

Who, what, where, when and why

What: Report matter: Lawyers for man wanted on international terrorism charges say US sentencing would not be proportional. Procedural stage: sentence

When:

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

Unnamed man

Defendant

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

Court Venue
  • High Court
  • Supreme Court
Secondary Mention

Topics

Stage Sentence

Related court reports

Read the original CNI report

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