Edmonton man accused of terrorism faces indefinite incarceration in U.S.

Canadian and U.S. officials disagree on whether an Edmonton man facing extradition in a terrorism case could be held indefinitely south of the border.

Faruq Khalil Muhammad ‘Isa, known locally as Sayfildin Tahir Sharif, is accused of helping co-ordinate a 2009 suicide bombing in Iraq that killed seven people, including five American soldiers. He faces seven charges.

The Iraqi Kurd, who received Canadian citizenship in 2005, made a brief court appearance on Monday, sitting quietly before his case was delayed another four months. He was returned to an Edmonton jail, where he has spent the past 12 months.

However, if he’s extradited, his time in pre-trial custody may not soon end – and that’s where the Canadians and Americans disagree.

A U.S. law signed one month ago, known as the National Defense Authorization Act (NDAA), allows the government to hold terrorism suspects indefinitely at military prisons. President Barack Obama’s administration has been under fire from human rights activists over the provision.

A spokesman for the U.S. District court in Eastern New York, which is seeking the extradition, told The Globe and Mail the U.S. court will determine whether the accused can be detained indefinitely, without trial, under the NDAA. The defence believes that’s the case.

Justice Canada, however, says the NDAA should not apply because the Canadian was indicted before the law was passed.

“Should [the accused] be extradited, he would face trial in the criminal justice system in the Eastern District of New York, where he would be afforded all the constitutional protections that come with the criminal justice system,” Justice Canada spokeswoman Carole Saindon said in an e-mail on Monday evening.

Monday’s delay came at the request of the Crown, acting on behalf of U.S. authorities. “The review and analysis of the evidence by the U.S. has been time-consuming,” federal lawyer Stacey Dej told court.

Defence lawyer Bob Aloneissi is scheduled to appear in court in March to argue for more evidence before the extradition hearing, a process known as disclosure. The hearing is now set for May 14 to 16.

The case against the accused is based largely on extensive wire taps and digital surveillance. He is alleged in a U.S. court document to have said he supported the terrorism efforts “1,000,000 %” and allegedly thought it the duty of every Muslim in Iraq to fight the U.S. “invaders.” The 39-year-old was arrested in January, 2010, at an Edmonton apartment he shared with his partner and her four children.

If convicted, he faces life in prison.

Original Article
Source: Globe 
Author:  Josh Wingrove