Counterterrorism Blog

Germany’s Constitutional Court has just dealt European counter-terrorism efforts a major setback. The Court ruled against Germany’s extraditing Mamoun Darkazanli to Spain to face terrorism related charges, and ordered his release. Darkazanli, a suspected al Qaeda operative was being held in Germany pending extradition to Spain on the basis of an EU Arrest Warrant. Darkazanli’s German lawyers challenged the legality of the German law enforcing the EU arrest warrant as unconstitutional. While the court did not question the legality of the EU Arrest Warrant itself, it held that the German law implementing the Warrant's arrest procedures did not provide sufficient protection regarding constitutionally guaranteed fundamental rights. As the German arrest warrant was therefore invalid, the court ordered Darkazanli’s release. It will now take a new law from the German Parliament to re-arrest Darkazanli pursuant to the Spanish charges against him. Darkazanli, a Syrian businessman, has dual German nationality. He was arrested in Hamburg last October on charges that he helped fund al Qaeda terrorism operations in Spain and elsewhere. He has also been investigated by German authorities for possible involvement with a Hamburg cell linked to the 9/11 attacks. Darkazanli was designated by the United Nations Al Qaeda and Taliban Sanctions Committee in October 2001. This means that he is not to be permitted to travel outside of Germany accept for travel related to judicial proceedings.