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Terrorism & Rule of Law / Comment

Al Banna and Deghayes: were they innocent all along, or did Guantánamo make them so?

10/03/2008 By Luisa Barrenechea

The prison in Guantánamo has returned to the headlines with the case of two British refugees, Jamil Al Banna and Omar Deghayes, who were the subject of a European arrest warrant alleging their involvement in an Al-Qaeda cell in Spain.

This case raises questions over Spanish jurisprudence regarding persons who have been held illegally in Guantánamo and their possible involvement in terrorist activities in Spain.

This FRIDE Comment article explores these issues and examines the complexity of the transfer process which the US government is currently engaged in as it seeks to return certain Guantanamo inmates to their countries of origin or third countries. It also reflects on the limitations of the fight against terrorism and the necessity of guaranteeing the presumption of innocence when dealing with those suspected of committing terrorist offences.

Download the full version of this publication, available in Spanish (61 kB)

Keywords

Europe International Criminal Justice Spain Terrorism United Kingdom United States

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• Which Justice for Perpetrators of Acts of Terrorism? the need for guidelines

Bio author: Luisa Barrenechea