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Egyptian Lawyer Says Try Bin Laden Fairly
CAIRO, Sept 22 (IslamOnline) - A call for forming a committee of the world's independent law professionals and human rights organizations in order to make a global move establishing a mechanism by which a fair trial against those accused of being behind the attacks on the U.S. on September 11th has been made by a prominent Egyptian Islamic thinker and law expert.
Mohammad Saleem Al Awa said in an exclusive interview with IslamOnline Friday that respective countries should not hand over Osama Bin Laden to the U.S. so that the accuser does not become both judge and jury.
He also said that the crimes bin Laden has been accused of are in fact related to individuals and organizations that hold U.S. citizenship, therefore handing him over to the U.S., or trying him there, would mean forsaking the assurance of a fair trial. This is believed to be a point of agreement between all international law organizations as a main condition in criminal charges.
Al Awa provides the following guidelines, which he believes would help secure a fair trial for those accused of undertaking the attacks on the Pentagon and World Trade Center in the U.S. If bin Laden is behind the attacks, then he is to be tried in a fair court, with the following conditions set:
1. Trying him in his country of origin, Saudi Arabia, entails that Saudi Arabia immediately demand his return as a Saudi Citizen.
Saudi Arabia has the right to extradite any citizen from any country if he/she is charged with crimes punishable by law both in Saudi Arabia and in the country in which he sought refuge.
The crimes that bin Laden is charged of include the killing of innocent civilians outside the battlefield, a charge punishable by Islamic Shari'ah as well as by Afghani laws that were established before the Taliban regime took over.
The Taliban regime follows the Hanafi School, Saudi Arabia follows the Hanbali School, and they both do not approve the killing of innocent civilians.
Therefore it is the kingdom's right to retrieve bin Laden and try him according to its jurisdiction, which guarantees a fair Islamic trial. For extra precautions, U.N. and human rights representatives, and even representatives from the U.S. itself, can be allowed to attend the legal proceedings.
Such a recommendation provides a feeling of security for Muslims since it guarantees them their rights if one of their citizens is accused, without solid evidence linking him/her to the crime, in a foreign country. It also maintains the dignity of the Islamic umma (nation) because it did not hand over one of its Muslim citizens to be put on trial in a foreign country.
The fact that bin Laden lost his Saudi nationality does not deprive him of a fair trial according to Islamic Shari'ah in his country of origin.
This is because the principals of international law and human rights that were approved by the international community and Saudi Arabia, despite Saudi Arabia not joining the World Declaration for Human Rights in 1948, forbids that any human being remain without a nationality.
It also condemns the withdrawal of any person's nationality if that nationality was given to him by birth.
2. If implementing such a recommendation was impeded for whatever reason, then bin Laden's trial of can take place in any independent international court such as that which was formed for the two Libyans accused of bombing the Pan Am plane over Lockerbie, Scotland.
The Lockerbie court was made up of Scottish judges and its foundation was based on guaranteeing the rights of the suspects to a fair trial. Moreover, the judges were not citizens of the same nation as that of the suspects.
The trial took place in a neutral country.
Following this model entails that bin Laden be tried in a country that does not hold him responsible for committing or masterminding the alleged crimes.
The judges should also hold citizenships different than the country where the trial would be held, and they definitely must not be from the United States.
Al Awa said that there are a number of countries that fulfill these requirements and which have respectable judicial systems, as well as trustworthy and independent judges.
3. If the second recommendation is again unattainable, it is appropriate for bin Laden to be tried in the specialized court for war criminals in Lahai, Holland [The Hague], where currently, nationals from Serbia, Croatia and some of Bosnia's war criminals are being charged for crimes against humanity.
Such a court would include judges of different nationalities, whom have long and respectable reputations in the field. Al Awa recommended Egyptian judge Mohammad Fuad Ryad be a permanent member and that such a trial could guarantee justice according to acceptable Islamic norms.
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