Extradition proceedings against a man wanted to face international terrorism charges in the United States have opened at the High Court in Dublin.
Ali Charaf Damache (49), an Algerian-born Irish citizen who has been living here for a decade, is wanted in the United States to face charges relating to the conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism.
The High Court has heard the US alleges it has evidence that Mr Damache conspired with American woman Colleen LaRose — who used the online name “Jihad Jane” — and others to create a terror cell in Europe capable of targeting both US and western European citizens.
It is alleged Mr Damache — who went by the username “Theblackflag” — also participated in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan whom the conspirators believed to be a member of Al Qaeda.
It is contended that part of the alleged conspiracy was to recruit women whose appearance would allow them access to and the ability to travel around Europe.
In January of this year LaRose was jailed for ten years by a Philadelphia judge, having admitted her involvement in a plot to murder Swedish cartoonist Lars Vilks, who sparked an international controversy by depicting the Prophet Mohammed on the head of a dog.
In the indictment, returned in the Eastern District of Pennsylvania, it is alleged that another woman, Jamie Paulin Ramirez, married Mr Damache on September 13th, 2009 – the same day she arrived in Ireland from the US. She had never met Mr Damache in person before.
Ramirez was sentenced in the US to eight years, after pleaded guilty to providing material support to terrorists.
Mr Damache had twice sought judicial review of the DPP’s decision not to prosecute him in Ireland for the offences, but both applications were refused by the High Court.
Counsel for the State, Mr Remy Farrell SC, this morning told the High Court that while it was true that Mr Damache had never set foot on US soil, “even a cursory examination” of the papers showed there was a “more than substantial and significant nexus” between that country and the alleged offences.
Mr Farrell said it was alleged that after completing training the group planned to return to Europe to support attacks on US citizens. It was alleged that Mr Damache made contact with and conspired with US citizens for the purpose of what was described as “violent jihad” against the United States.
Counsel said it was also alleged that Mr Damache actively assisted one of the conspirators in leaving the United States. It is alleged that the plot was disrupted at an early stage before the planning could be put in to effect.
Mr Farrell said a letter from the US Department of Justice stated that, should Mr Damache be surrendered, he would be detained pending trial at a Federal detention centre in Philadelphia.
If convicted, the US Bureau of Prisons would make an assessment and determine where Mr Damache should be incarcerated.
Counsel for Mr Damache, Mr Micheál P O’Higgins SC, said the place of detention was “very much an issue” in the case.
He said there would be evidence that Mr Damache could be detained up in the ADX super maximum-security prison in Florence, Colorado, where prisoners are kept in complete solitary confinement and where conditions were described by a former warden as a “clean version of hell”.
The case continues before High Court judge Mr Justice John Edwards.
In March 2013 Mr Damache was arrested by gardaí in Waterford Courthouse on foot of a High Court warrant just minutes after he had pleaded guilty to sending a menacing phone call to US Muslim activist Majed Moughni in January 2010.
The charges arose after Mr Damache was originally arrested in March 2010 as part of the investigation into a large conspiracy to murder Lars Vilks.
Mr Damache unexpectedly pleaded guilty on day six of his trial to sending a menacing message by telephone and was sentenced to three years. However, as he had been in custody since March 2010, he was released immediately.
If convicted of the charges against him as laid out by an indictment, Mr Damache faces a potential sentence of 45 years in prison.