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Germany frees terror suspect nulling eu legislation { July 19 2005 } Original Source Link: (May no longer be active)    http://news.ft.com/cms/s/2b2d7914-f7f1-11d9-9f64-00000e2511c8.html http://news.ft.com/cms/s/2b2d7914-f7f1-11d9-9f64-00000e2511c8.html Germany frees terror suspect as court blocks extradition By Sarah Laitner in Brussels and Hugh Williamson in Berlin Published: July 19 2005 03:00 | Last updated: July 19 2005 03:00 Germany yesterday freed a suspected al-Qaeda financier after the country's highest court ruled the European legislation needed to extradite him to Spain breached the country's constitution. The decision dealt a blow to the European arrest warrant, one of the EU's chief tools in the fight against terrorism. It could delay extraditions to and from Germany, the centre of many high-profile terror cases. The German constitutional court said Mamoun Darkazanli, who has dual German and Syrian nationality, could not be sent to Spain as Germany had not put the arrest warrant into its law in a way that was compatible with the constitution. The European Commission insisted, however, that the warrant would continue to function across the EU's 24 other countries and urged Germany to redress the problem quickly. "This does not mean the European arrest warrant has been annulled," said a spokesman. Officials in Brussels said the warrant was issued more than 2,600 times in the first nine months of last year, leading to the arrest of 650 people. Brigitte Zypries, German justice minister, said the ruling by Germany's constitutional court was a "setback for the battle against international terrorism", but promised to amend German law as quickly as possible. EU governments struck a deal on the arrest warrant after the terrorist attacks of September 11 2001. Ms Zypries said she would present a new law on the EU arrest warrant "in the next few weeks". Implementation could be delayed by the general election in September. Michael Rosenthal, Mr Darkazanli's lawyer, said that while he welcomed the ruling it did not represent "a blow to the EU arrest warrant or to EU integration more generally. This ruling is about mistakes made by the German government". The court argued that the government, in converting the EU arrest warrant into German law, had failed to heed the constitution, which allows for the extradition of German nationals only in exceptional circumstances. The legal framework provided by Brussels allowed for such circumstance, but these were not incorporated by Berlin, the court in Karlsruhe said. The arrest warrant had been in force in Germany since August 2004. In the nine months to April 2005 Germany had extradited 130 people to other EU states, including 19 German nationals, the German justice ministry said. The extradition of non-Germans could continue, but on a slower basis using older legislation. The decision comes as the EU's fledgling efforts to co-operate further on fighting terrorism have a renewed sense of urgency after this month's London bombings. Spain suspects Mr Darkazanli of providing al-Qaeda with logistical and financial support. The US and Germany have made similar accusations, which Mr Darkazanli denies. He could still be extradited once the new version of the German law came into force, Mr Rosenthal said.

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