Extradition of Hamdi Isaac

Extradition of Hamdi Isaac

Britain has asked the Italian government to extradite the suspect Hamdi Isaac in the London bombings event. His case illustrates an important factor in our civility by law -that even when under attack; when the extradition petition is presented -- by common international law and ordinary treaty between Italy and the UK; the charge must be genuine; specific; and sustain a charge which meets the holding country's constitutional standards. Britain will be seeking to extradite a self-admitted bombing conspirator; as a suspected material felon for that and related charges in conspiracy; for his extradition and surrender as a felon or a material witness. Mr. Isaac; as both countries' law requires will have an attempt to refute the charge via his attorney, as inapplicable to him; and to contest the true identity of the person sought. However -Mr. Isaac -even though not intending physical human harm- has admitted enough to convict himself in both nations -whatever deal he has to make can be made and binding with both nations prosecutors -protected by the public record: to speak; to cooperate; to seek immunity from other charges. By traditional extradition procedure -- the petitioning nation asserts a genuine crime (nothing pretextual); the party sought is credibly proved its perpetrator or materially connected with it; and with that proved - by ordinary process- the person is surrendered to the requesting nation. Assumedly -actually guaranteedly- the suspect is to stand public trial in the receiving nation -wherein he will have the opportunity at trial -with attorney - to defend himself. What modern nations neeed in the age of terrorism is a new extradition treaty procedure form which readies the urgency and the witness or suspected perpetrator to save lives . by fair speedy yet limited process ... the latter meshing with formal charges and trial; and reasonable preventive detention acts. Europeans could speedily legislate a European counter-terror law for American style federal transfer among themselves of suspects. (As another sad example -if the suspect had fled to the USA .. an anti-British Irish-American promoted, extradition Anglo-USA treaty, would have permitted a preliminary hearing - a more formal factfinding to test the charges in a US Federal court. That was a leftover IRA strife concession.) One waits to read and see the Italian Constitution's test of the British preventive detention law -- even though that could be waived as a prisoner risk by the British who have enough to formally charge the man now. Britons will be watching with Italians as good expected criminal defense attorneys seek everything in evidence they can from British investigators who'll seek to make the extradition positive - but withhold quiet manners and avert risking cooperative witnesses identities and their procedures --save in camera. Italian Law links at this FindLaw page http://www.abusi.it/Mandato%20di%20arresto%20europeo%20nel%20nuovo%20Extradition%20Act%20il%20recepimento%20britannico.htm>a newer but still formal European Arrest & Extradition Act Britain has signed the European Extradition Convention referenced in English here