US embassy cable - 05THEHAGUE2859

UNCLAS THE HAGUE 002859 
 
SIPDIS 
 
STATE FOR L/LEI AND EUR/UBI 
JUSTICE FOR OIA/JFRIEDMAN 
 
E.O. 12958: N/A 
TAGS: CJAN, PREL, CVIS, KCRM, NL 
SUBJECT: DUTCH GOVERNMENT WILL APPEAL INJUNCTION AGAINST 
EXTRADITION OF MOHAMED ABDELLA ABD ELAAL AWAD 
 
REF: THE HAGUE 2765 
 
1.  Justice Minister Donner has approved filing an appeal of 
The Hague District Court's October 12 injunction against the 
Minister's extradition order for Mohamed Awad, wanted in the 
U.S. on fraud charges.  The state attorney is expected to 
file the appeal with The Hague Appellate Court on October 
26.  Although the appellate court will be asked to consider 
the appeal as soon as possible, it may be several months 
before the court rules.  The Hague District Court ruling 
indicated that it granted the injunction against Awad's 
extradition because it regarded the guarantees provided by 
the U.S. Government that Awad would not be prosecuted on 
charges other than those specified in the extradition 
request as "insufficient" and "not sufficiently specific." 
 
2.  Separately, the Supreme Court will consider Awad's 
request for release from detention October 21.  Ministry of 
Justice contacts have told us that they cannot predict which 
way the Supreme Court is likely to rule on the request.  The 
Court has been informed that an appeal of the injunction 
will be filed, but it is not clear how that will factor into 
the Court's decision on releasing Awad from custody. 
 
Blakeman