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23 Tul. J. Int'l & Comp. L. 573 (2014-2015)
Trabelsi v. Belgium: Extradition of Terrorist Suspects and Aversion to Whole-Life Prison Sentences

handle is hein.journals/tulicl23 and id is 597 raw text is: Trabelsi v Belgium: Extradition of Terrorist Suspects and Aversion to Whole-Life Prison Sentences I. OVERVIEW ............................................. 573 II. BACKGROUND ......................................... 574 A. Irreducible Life Sentences... ...........................574 B. Heightened Scrutiny of Sentence Review.... ......577 III. THE COURT'S DECISION ................................ 579 IV. ANALYSIS .................................... 583 V. CONCLUSION ........................................... 587 I. OVERVIEW Three days after terrorists attacked New York City's World Trade Center in 2001, the Brussels Court of Assizes issued a search warrant for the home of suspected terrorist Nizar Trabelsi leading to the discovery of automatic weapons, ammunition, chemical formula, and false passports in addition to a detailed plan of the U.S. embassy in Paris.' Belgian authorities arrested Trabelsi and charged him with criminal conspiracy, forgery, and illegal possession of combat weapons.2 Trabelsi pled guilty as charged and was sentenced to ten years imprisonment by the Brussels Court of Assizes on September 30, 2003.' After serving five years of his sentence, the United States Department of Justice requested Trabelsi's extradition to the United States to face criminal prosecution on charges of conspiracy to kill U.S. nationals in targeted facilities, conspiracy to use weapons of mass destruction, and providing material support to al-Qaeda associates.' The Department of Justice informed Belgian authorities that two of these statutory offenses could result in life imprisonment under the United States Criminal Code.' U.S. authorities stipulated that whole- life sentences were discretionary because a district court judge could issue reduced sentences based on mitigating circumstances or a suspect's willingness to aid law enforcement in their investigation of terrorist organizations.' The United States guaranteed that Trabelsi would not be 1. Trabelsi v. Belgium, App. No. 140/10 Eur. Ct. H.R. para. 6, HUDOC (Sept. 4, 2014), http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=00 1-146372. 2. Id. para. 7. 3. Id. para. 8. 4. Id.para. 13. 5. Id para. 15. 6. Id paras. 22, 27. 573