Newspaper Article

Italian 'Justice' Erodes the Law

Alan M. Dershowitz is professor of law at Harvard Law School, Dershowitz, Alan M

1985

Overview

The Italian judiciary decided, the White House says, that it ''did not consider [the] evidence legally strong enough to support the provisional arrest of [Mohammed Abbas].'' As a matter of Italian law, the magistrate's decision is nonsense. All that is required for provisional arrest of a suspect being sought for extradition is a proper warrant and the most minimal evidence. The decision was not a legal determination based on any rules of law. It was a political decision dictated by the Government. In other words, the case was ''bagged'' and the magistrate ''fixed.'' Washington claims that at the time Italy's decisions were made, we possessed considerable evidence - including transcripts of radio conversations during the hijacking - linking Mr. Abbas to events aboard the ship. Although much of the evidence came from highly sensitive intelligence sources, Washington apparently was prepared to prove in court that Mr. Abbas ''was criminally implicated in the hijacking of the [Achille Lauro] -indeed, that he planned and controlled the operation.''

• Publisher: New York Times Company
• Subject: Abbas, Mohammed / ABBAS, MOHAMMED (ABUL ABBAS) / Cruises / DERSHOWITZ, ALAN M / Extradition / Hijacking / Hostages / Palestinian people / SHIPS AND SHIPPING