S. African Constitutional Court Rules Deporting Alleged Terrorist To U.S. Violated Rights

On May 28, 2001, the South African Constitutional Court held that the deportation of Mr. Mohamed in October 1999 to the U.S. for prosecution of his role in the bombing of the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania on August 7, 1998 violated his constitutional and human rights law. On August 16, Mohamed went to South Africa where he applied for asylum under an assumed name and a false passport. He obtained work in Cape Town on a temporary residence permit that he had to renew periodically pending the decision on his application for asylum. During this time, a U.S. grand jury had indicted him. On December 17, 1998, the U.S. issued a warrant for his arrest on charges of “murder, murder conspiracy [and] attack on U.S. facility”. Interpol issued an international “wanted” notice for Mohamed. On August 30, 1999, an FBI agent identified Mohamed while searching through the asylum-seekers records in Cape Town with the permission of Mr. Christo Terblanche, the Chief Immigration Officer, Department of Home Affairs, Cape Town. Thereafter, a copy of the warrant for his arrest and the Interpol and FBI “wanted” information was sent to Cape Town law enforcement officials.