Chicago, Dec 8 (Inditop.com) The prospects of David Coleman Headley alias Daood Gilani standing trial in India for his alleged involvement in the planning of the Mumbai terror attacks do not appear promising despite a comprehensive extradition treaty between the two countries.
Considering the gravity of the charges he faces under US laws Headley is expected to remain the focus of an intense investigation for a length of time. The six counts of aiding and abetting the murder of US citizens in India are more than enough to seal Headley’s fate in the US if he is found guilty. Federal prosecutors have also charged him with additional six counts of “conspiracy to bomb public places in India, to murder and maim persons in India and Denmark.”
Although the 1997 U.S.-India extradition treaty gives New Delhi the ability to call for Headley’s extradition, initial reading of the charges suggest that he is expected to be remain in the US for the foreseeable future.
Article 2(1) of the treaty defines an extraditable offence as “one punishable under the laws of both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty. Use of such a ”dual criminality” clause rather than a list of offences covered by the Treaty obviates the need to renegotiate or supplement the Treaty as additional offences become punishable under the laws of both Contracting States.”
Given that a conviction on the basis of the charges, if and when that happens, carries a maximum statutory penalty of life imprisonment or death at least theoretically he is extraditable. Even the fact that he is a US national is no obstacle in the way of his extradition under Article 3 which provides that “extradition shall not be refused on the ground that the person sought is a national of the Requested State.” “Neither party, in other words, may invoke nationality as a basis for denying an extradition,” it says.
Notwithstanding this clarity, this particular extradition may become untenable in practical terms because the US law enforcement would prefer to keep him within their control for leads to any future investigations.
To give the US investigation specificity, the official press release also named six Americans who were killed in the attacks. They were identified as Ben Zion Chroman, Gavriel Holtzberg, Sandeep Jeswani, Alan Scherr, his daughter Naomi Scherr, and Aryeh Leibish Teitelbaum.
Officials would not comment whether the serious charges are in any way connected with the ongoing visit of a Federal Bureau of Investigation (FBI) team to India and Pakistan. But it is likely that Headley’s continued stay in federal custody without bond since his arrest on Oct 3 and also without any scheduled bond hearing has to do with the expansion of the charges where India would have given significant inputs.
While the Indian media had been reporting for sometime without any specific attribution about Headley’s alleged involvement in the Mumbai attacks, the US charges are the first official step of naming him directly.
The fact that some of America’s top law enforcement officials were quoted in the press release also underlined the importance that is being given to the Headley case. FBI Director Robert S. Muller, III, said, “This case illustrates the importance of continued global cooperation to combat terrorism around the world. The FBI continues to strengthen relationships and to foster collaboration with our international partners to best ensure our collective ability to identify and disrupt international terror networks.”
“This case serves as a reminder that the terrorist threat is global in nature and requires constant vigilance at home and abroad,” said David Kris, Assistant Attorney General for National Security. “We continue to share leads developed in this investigation with our foreign and domestic law enforcement partners as we work together on this important matter.”
Also quoted was Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, who has a national reputation as tough prosecutor. “This investigation remains active and ongoing. The team of prosecutors and agents will continue to seek charges against the other persons responsible for these attacks. I continue to express my deep appreciation to the FBI agents and other members of the Joint Terrorism Task Force for their extremely hard work on this matter,” Fitzgerald said.
