The UK High Court ruled Thursday that two British citizens charged with terrorism offenses can be extradited to the US to face terrorism charges. Haroon Rashid Aswat, wanted in the US on suspicion of setting up a terrorist training camp, and Babar Ahmad, wanted for conspiring to kill Americans and running a website used to fund terrorists and recruit al Qaeda members, had argued that they should not be extradited to the US because they would be mistreated or tried as enemy combatants. The extraditions were approved only after the US offered assurances that it would not seek the death penalty, try the suspects before military tribunals or declare them enemy combatants. Lord Justice John Laws dismissed the appeal and held that possible mistreatment by the US "would require proof of a quality entirely lacking here" and that the US is a country" in which the United Kingdom has for many years reposed the confidence not only of general good relations, but also of successive bilateral treaties consistently honoured."

Aswat was arrested in August 2005 by Zambian police and returned to the UK in connection with the July 7 London bombing attacks. He was later arrested under a US warrant on the suspicion of setting up a terrorist training camp in Oregon five years ago. Ahmad was indicted in the US in October 2004. Both extradition cases were heard under a "fast track" extradition procedure under the UK Extradition Act 2003 that decreases the burden of proof on certain countries, including the United States.

US District Judge Richard J. Leon ruled in Washington, DC, Wednesday that the Federal Emergency Management Agency (FEMA) must reinstate certain housing payments for victims of Hurricane Katrina. Leon granted the plaintiff's motion for a preliminary injunction against the payments stoppage, maintaining that FEMA had failed to provide evacuees with adequate explanations for their denials of housing assistance and their means of appeal under the Stafford Disaster Relief and Emergency Assistance Act. The Association of Community Organizations for Reform Now (ACORN)  filed the lawsuit on behalf of displaced hurricane evacuees alleging violations of their due process rights.

FEMA responded Wednesday by defending its policies and saying it will consult with the US Department of Homeland Security and US Department of Justice to determine a formal response to the district court's ruling. FEMA still faces several other suits relating to its termination or withdrawal or housing benefits to Katrina victims.

After the program was first disclosed last year, inspectors general from both the DOJ and the Defense Department refused requests to investigate the program, with Fine citing a lack of jurisdiction. The DOJ request was referred to the department's Office of Professional Responsibility, but the internal probe into the role DOJ lawyers played in designing the program was dropped after the NSA denied investigators clearance to review all relevant documents. Attorney General Alberto Gonzales later said that President Bush personally put an end to the internal OPR investigation.

Jeff  Castaldo
Staff Reporter

WASHINGTON – (USDOJ) The Justice Department today announced the filing of a settlement order to resolve a lawsuit filed against the city of Philadelphia under the Americans with Disabilities Act (ADA). In September 2004, the Justice Department intervened in a lawsuit filed by John Gill Smith, which alleged that paramedics employed by the city refused to provide him with appropriate medical care upon learning of his HIV status.

Under the terms of today’s agreement, which still must be approved by a federal court, Philadelphia will provide paramedics employed by the city with ongoing training on appropriate and nondiscriminatory treatment of patients with infectious diseases, specifically HIV/AIDS. The city will also pay Mr. Smith $50,000 in damages. “Vital emergency medical services must be provided in a non-discriminatory manner to all persons who need them,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to ensuring that cities carry out this important function responsibly and in accordance with federal law.”

“This agreement protects both the patient and, by requiring proper training, the emergency responders,” said Pat Meehan, U.S. Attorney for the Eastern District of Pennsylvania. “Emergency response is a key link in the continuum of care and this agreement ensures the highest quality of care to those in great need.”

Title II of the ADA prohibits public entities, such as the city of Philadelphia, from discriminating against any individual on the basis of disability with respect to the services, programs or activities of the public entity. Section 504 of the Rehabilitation Act includes a parallel prohibition covering programs or activities which receive federal financial assistance.

Additional information about the Civil Rights Division of the Justice Department is available at http://www.usdoj.gov/crt/. Those interested in finding out more about federal disability rights statutes can call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD) or access the ADA Web site at http://www.ada.gov.

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Robin Sheen
Staff Writer