Germany No Longer Pursuing CIA Extradition

BERLIN, Germany - On Sunday, German officials confirmed their decision to drop an extradition request for 13 CIA agents after the U.S. indicated that it would not comply with the request.

Warrants for the 13 CIA agents were originally granted by a Munich court in January over allegations that the CIA engaged in the practice of “extraordinary rendition,” in which it kidnaps terrorist suspects from one country and flies them to third countries for interrogation.

Specifically, the charges came from alleged CIA involvement in the extraordinary rendition of Khaled el-Masri, a Lebanon-born German citizen, and Murat Kurnaz, a German-born Turk.

El-Masri claimed that in 2003 he was abducted in Macedonia, and flown to a secret prison in Afghanistan where he was tortured by CIA agents.  Later, he claims, he was dropped off in Albania and told the ordeal was a case of mistaken identity.  Munich prosecutors sought to pursue charges against CIA agents on grounds of wrongful imprisonment and causing serious bodily harm.

Similarly, Kurnaz alleged that he was abducted in Pakistan in 2001 and flown to Afghanistan for interrogation.  Kurnaz spent 4 ½ years in detention at Guantanamo Bay until he was released.

According to reports, Munich prosecutors originally asked the German government to issue a formal extradition request to the U.S. Justice Department, but German officials were hesitant about disturbing relations with the U.S.  Instead, Germany sent an informal legal request.

The U.S. responded that it would not comply.

German officials were concerned that pursuing the extradition request would hamper relations with the U.S. on counterterrorism efforts.  However, the arrest warrants are still in effect, meaning the 13 CIA agents could be arrested if they traveled to Germany or the European Union.

The U.S. Justice Department had no response to the news as its policy is to not discuss extradition requests.  It did acknowledge, with respect to el-Masri, that “to date, US courts have barred his suit based on the US government’s assertion of state secrecy concerns.”

El-Masri was arrested more recently in May for allegedly committing arson in Bavaria.  His lawyer has attributed el-Masri’s behavior to the stress and trauma from the alleged extraordinary rendition.

For more information, please see:

Yahoo (Reuters) - Germany Gives Up on Extradition of CIA Suspects - 23 September 2007

BBC - Germany 'Drops CIA Extradition' -  23 September 2007

Yahoo (AP) - Germany: U.S. Won't Send Kidnap Suspects – 22 September 2007

Washington Post - Germany Gives Up on Extradition of CIA Operatives - 23 September

Deutsche Welle - Report: US Will Not Extradite CIA Agents to Germany - 23 September 2007