The Associated Press
December 12, 2001, Wednesday, BC cycle 

The United States will deal with European objec­tions to the death penal­ty on a case-by-case basis as it seeks extra­di­tion of sus­pects linked to the Sept. 11 ter­ror­ist attacks, Attorney General John Ashcroft said Wednesday.

Ashcroft was asked by reporters whether he was will­ing to give a guar­an­tee that ter­ror­ist sus­pects who were extra­dit­ed to the United States would not face capital punishment.

London was Ashcroft’s first stop on a European tour which will also take him to Spain, Germany and Italy to meet law enforce­ment offi­cials. European coun­tries have abol­ished the death penal­ty and will not extra­dite sus­pects who face the death penal­ty in anoth­er coun­try. Spain has also raised objec­tions to U.S. plans to try some sus­pects in military tribunals.

The issue has also arisen over Zacarias Moussaoui, a French cit­i­zen arrest­ed in the United States who became the first per­son indict­ed for direct involve­ment in the Sept. 11 attacks. France on Wednesday urged the United States not to seek the death penal­ty in his case.

Ashcroft said dur­ing a press con­fer­ence at the U.S. Embassy in London that the death penal­ty ques­tion for extra­di­tions from Europe must be dealt with on a case-by-case” basis.

It is clear that the United States, most of the states in the United States and the fed­er­al gov­ern­ment of the United States, have laws, the vio­la­tion of which pro­vides death eli­gi­bil­i­ty in terms of the sen­tenc­ing,” he said.

Individuals and nations with which we have dealt regard­ing extra­di­tions have dealt on a case-by-case basis and I think that is the best way to go for­ward,” Ashcroft added.

He was asked specif­i­cal­ly about the case of Lotfi Raissi, the Algerian pilot arrest­ed in London who alleged­ly trained the sui­cide hijack­ers who struck the Pentagon. U.S. author­i­ties are seek­ing to extra­dite Raissi, but so far he has been indict­ed by a fed­er­al grand jury in Arizona only on charges of mak­ing false statement.

I do not believe the kinds of things for which the extra­di­tion is being request­ed are death-eli­gi­ble offens­es,” Ashcroft said.

Ashcroft on Tuesday declined to say whether author­i­ties would seek the death penal­ty for Moussaoui. The French cit­i­zen of Moroccan descent is charged with six counts of con­spir­a­cy, four of them car­ry­ing the death penal­ty. He was arrest­ed in Minnesota, so the extra­di­tion issue did not arise.

The French jus­tice min­is­ter, Marylise Lebranchu, said her coun­try’s con­sulate would help pro­vide the defense for Moussaoui, like all French nation­als in a ter­ri­to­ry oth­er than ours.”

She insist­ed the United States must be open on the death penal­ty issue. There has to be a dis­cus­sion with the United States,” Lebranchu told RMC-Info radio. We do not accept the death penalty.”