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Soon after al-Qaida bombed two U.S. embassies in East Africa in 1998, a U.S. federal judge issued a warrant for Khalid al-Fawwaz, accused of being a conspirator in the attacks and a confidant of Osama bin Laden. British police promptly arrested al-Fawwaz, a Saudi national, at his home in London. British authorities pledged to extradite him to the United States as swiftly as possible to stand trial. But a decade later, al-Fawwaz, remains in prison in England as his hearings drag on. As the long-delayed British extraditions show, it is extraordinarily difficult to bring international terrorism suspects to justice by prosecuting them in U.S. civilian courts. The cases underscore the challenge facing President-elect Barack Obama as he tries to find a way to close the Navy prison at Guantanamo Bay, Cuba, and end the military tribunals set up by the Bush administration to handle terrorism cases from abroad. Britain and other allies have long complained about Guantanamo, the tribunals and extralegal U.S. tactics used to fight al-Qaida. At the same time, however, they have often blocked or resisted efforts by the U.S. government to prosecute accused terrorists in federal court. Al-Fawwaz and the others are among half a dozen terrorism suspects whom the U.S. government has been seeking for years to extradite from Britain. Despite British approval of a "fast-track" extradition law in 2003 and a new treaty with the United States, the defendants have thwarted every attempt to deport them, aided by a British bureaucracy in no hurry to move the cases along. "When we follow the letter of the law, it's not good enough for them. I think they're just trying to thumb their nose at us," said Daniel Coleman, a retired FBI agent who investigated the 1998 embassy bombings and pushed for al-Fawwaz's arrest. "They view us as the Belgian Congo. It's insulting to the United States. Our justice system is better than theirs." Other allies have also been reluctant to extradite terrorism suspects for trial in the United States, sometimes letting them go free instead. In December 2005, Germany freed convicted terrorist Mohammed Ali Hammadi, who had hijacked a TWA flight in Europe in 1985 and was serving a life sentence. Instead of deporting him to the United States, where he had been indicted in the killing of a U.S. Navy diver during the hijacking, Germany allowed him to return to his native Lebanon, which does not have an extradition treaty with Washington. In Yemen, the government has refused to extradite three al-Qaida members indicted in the United States, including two men charged in the bombing of the USS Cole in 2000. Yemen says it cannot extradite the men because they are Yemeni citizens. But it has also refused to keep them locked up, ignoring $5 million rewards posted by the U.S. State Department for their capture. Since the Sept. 11, 2001, attacks, the United States has managed to extradite a handful of minor terrorist figures. But most al-Qaida leaders in U.S. custody have been apprehended overseas by the CIA, in secret operations designed to avoid judicial oversight. Obstacles to extradition have loomed especially large in Britain, where al-Qaida suspects have exploited a cumbersome legal process and a slow-moving bureaucracy to stave off deportation. So far, Britain has handed over only one terrorism suspect to the United States: Syed Hashmi, 28, a U.S. citizen charged with helping to supply gear to al-Qaida camps in Pakistan. He was transferred to U.S. custody in May 2007 and is being held in solitary confinement in a New York prison. His trial is pending. Six other defendants, arrested in Britain between 1998 and 2006, are still waiting. Although the British government has made preliminary decisions to extradite all of them, officials are still responding to legal challenges asserting that suspects' human rights would be violated if they are sent to the United States. British officials did not sign papers ordering the surrender and extradition of al-Fawwaz, the Saudi citizen, until March 12 - 9 1 /2 years after he was arrested. Meanwhile, defense lawyers have filed a succession of appeals that will further stretch out the proceedings in that case and the others, probably for years. In 1994, bin Laden decided he needed better publicity for his nascent terrorist organization. He set up a satellite office in London and picked a fellow Saudi, al-Fawwaz, to run it. The office, known as the Advice and Reformation Committee, served as a public relations arm for al-Qaida, issuing communiques that blasted the Saudi royal family and other enemies. It was a small-budget affair and for years was based in al-Fawwaz's house in the Dollis Hill neighborhood of northwest London. In February 1998, al-Fawwaz faxed a bin Laden fatwa to the al-Quds newsroom. The fatwa, or religious order, announced that al-Qaida had declared war against "Crusaders and Jews" and that it was the duty of all Muslims to attack Americans and their allies around the world. U.S. officials said al-Fawwaz's media work served as a cover for other activities. According to the U.S. indictment against al-Fawwaz, the London office played a key role in recruiting "military trainees" for al-Qaida, served as a communications hub and gave logistical support to terrorist cells in Africa and Afghanistan. On Aug. 7, 1998, al-Qaida suicide bombers attacked the U.S. embassies in Kenya and Tanzania, killing more than 200 people. A few weeks later, the FBI developed leads connecting al-Fawwaz to the plot. Worried that he might try to flee Britain, Coleman said he woke up a U.S. judge at 3 a.m. to sign an international warrant for al-Fawwaz's arrest. British police complied and told their American counterparts that they hoped al-Fawwaz would be extradited within three months, Coleman said. But it soon became clear that the case would take much longer. Al-Fawwaz contested his extradition before a series of British courts, losing at each turn but appealing as far as he could go. His luck appeared to run out in December 2001, when the House of Lords, acting as Britain's appellate court of last resort, ruled that the British government had the authority to deport him. The British government, however, waited more than six years to act on the ruling as it weighed further challenges from defense lawyers and counterarguments from the U.S. government. Finally, on March 12 this year, British Home Secretary Jacqui Smith issued an order that al-Fawwaz be surrendered to U.S. officials. Still, the extradition is unlikely to happen anytime soon. Al-Fawwaz has asked a judge to review the decision. An initial hearing is scheduled for February. The Home Office's extradition section did not respond to a query seeking an explanation for the delays. A spokesman for the Home Office, speaking on the condition of anonymity according to government policy, said: "The case has been contested at all stages. It took considerable time to deal fairly and properly with all aspects of the representations." In 2005, after British journalists inquired about Al-Fawwaz's status, the Home Office issued a written statement saying that "the overall process has taken longer than was ever anticipated." The statement also implicitly blamed Washington for the delay, noting that U.S. officials had taken two years to respond to one key British request for information. The U.S. Justice Department declined a request to interview officials about the case. In a written response to questions, Dean Boyd, a spokesman for the department's national security division, said the U.S. government "has been vigorously pursuing" the extradition of al-Fawwaz and "will continue to use all available means" to bring him to trial. Other governments have complained about Britain's lengthy extradition proceedings. French officials are still bitter about the 10 years it took for Britain to extradite Rachid Ramda, an Algerian later convicted of financing deadly bomb attacks on the Paris Metro system in 1995. After the Sept. 11 attacks on New York and Washington, the British government acknowledged the problems and pledged to fix them. In a 2003 interview with The Washington Post, then-Home Secretary David Blunkett called his country's laws "outdated and arcane." "There's no good in having a good extradition arrangement with another country if your own internal process is so cumbersome and slow you can't actually implement it," he said. That year, Britain negotiated a new extradition treaty with the United States and later approved a new law designed to "fast track" extraditions to several countries. Progress, however, has been slow. The new treaty was not approved by the U.S. Senate until 2006 and did not go into effect until last year.
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