Slovakia's Supreme Court decided on August 7 that Algerian citizen Mustafa Labsi, suspected of terrorism and co-operation with the international terrorist network al-Qaeda, won't be extradited for trial to his home country and ordered him released.
Labsi was freed at about 2:30 p.m. in Bratislava, but was immediately taken back into custody by immigration officials.
The Supreme Court has been deliberating Labsi’s fate since the Constitutional Court on ruled in his favour on June 26. According to the Constitutional Court, the Supreme Court through its decision (to allow for his extradition) on January 22 violated his human rights. In his complaint, Labsi cited his basic right not be tortured, or subject to cruel, inhuman or humiliating treating – which is guaranteed by the Slovak Constitution, as well as the Convention for the Protection of Human Rights and Fundamental Freedoms.
The CC returned the case to the Supreme Court for review. As well, the CC awarded compensation for the costs of the proceedings to Labsi. In its rendering, the Constitutional Court didn't decide whether Labsi should or should not be extradited to Algeria, but rather on the extradition proceedings in the context of the protection of human rights.
"According to the Constitutional Courts' legal opinion… general courts deciding on the acceptability of extradition are obliged to allow for whether key fundamental rights and freedoms are maintained in the demanding country," said Constitutional Court spokesman Jozef Skybjak.
Labsi was arrested by Slovak police on May 4, 2007, while illegally crossing the Slovak-Austrian border. TASR
Compiled by Zuzana Vilikovská from press reports
The Slovak Spectator cannot vouch for the accuracy of the information presented in its Flash News postings.
8. Aug 2008 at 8:00