Minister correctly refused asylum to 'terrorist'
23 July 2004 , AMSTERDAM — Former immigration minister Hilbrand Nawijn correctly refused the asylum request lodged by PKK leader and suspected terrorist Nuriye Kesbir in 2002, the Council of State ruled on Friday.
23 July 2004
AMSTERDAM — Former immigration minister Hilbrand Nawijn correctly refused the asylum request lodged by PKK leader and suspected terrorist Nuriye Kesbir in 2002, the Council of State ruled on Friday.
The Council's ruling confirmed the assessment of the case handed down by Amsterdam Court in February 2004. Kesbir is the leader of the women's branch of the Kurdish independence movement PKK.
In May, the Supreme Court ruled that Kesbir could be extradited to Turkey where she is wanted on terrorism charges, but Justice Minister Piet Hein Donner must make the final decision.
The court ruled that Donner must ensure that Kesbir — who is accused of carrying out 25 attacks between 1993 and 1995 against Turkish citizens and soldiers in the Kurdish war of independence — obtains a fair trial and will not be tortured.
The Council of State ruled that Kesbir's file indicated she was aware of and personally involved in the attacks and the then populist LPF Minister Nawijn acted appropriately in refusing her asylum in the Netherlands.
But Dutch lawyers representing Kesbir claim the attacks were part of a political struggle and that no one can be extradited for such actions.
They also fought her looming extradition by claiming that the "double punishable" clause could not be applied because the incidents were prosecutable in Turkey, but not in the Netherlands.
But the attacks involved the use of bombs and bazookas that — besides military — also resulted in civilian casualties. Due to the fact that civilians are protected under the Geneva Convention, the Supreme Court said the attacks were not political acts.
There is thus an indication of "normal" murder and the double punishable clause can be fulfilled. The Council of State thus said that Kesbir — who has denied she was involved in the attacks in eastern Turkey — may be extradited to the mainly Islamic nation.
[Copyright Novum Nieuws 2004]
Subject: Dutch news