Rana, 59, who was released from jail on compassionate grounds after testing positive for COVID-19, was arrested again in Los Angeles on June 10 following an extradition request from India, where he is a fugitive.
Describing the convict 11/26 Tahawwur Rana, a Canadian businessman of Pakistani origin as a flight risk, the United States has opposed his release on bail, arguing that if he fled to Canada, he could escape the possibility of a death sentence in India.
Given the stakes, granting the bond in any amount would not guarantee Rana’s presence in court. The granting of the bond would invite the possibility of embarrassing the United States in conducting its foreign affairs, forcing its relationship with India, Assistant US Attorney John J. Lulejian told a federal court in Los Angeles last week.
Rana, 59, who was released from jail on compassionate grounds after testing positive for COVID-19, was arrested again in Los Angeles on June 10 following an extradition request from India, where he is declared a fugitive.
On Friday, the US District Judge. USA Jacqueline Chooljian, of the Central District of California, scheduled her bond hearing for June 30. Your attorney was asked to file your guilty plea by June 22, and the federal government’s response must be filed by June 26.
In his presentation on behalf of the US government. Lulejian urged the Los Angeles court not to release Rana pending the resolution of the extradition process against him to India.
In addition, to protect the capacity of the EE. USA To meet its treaty obligations with India, the US attorney. The USA It also requested the court to notify the parties within a reasonable time prior to any contemplated release order.
Claiming that Rana is a flight risk, and arguing that his escape to Canada would jeopardize his extradition to India, the US attorney said the court “should stop him” without bond.
India seeks arrest for various crimes, including conspiracy to commit murder, conspiracy to commit counterfeiting for the purpose of cheating, and murder under the relevant sections of the Indian Penal Code (IPC).
Rana, the US attorney said, is wanted for his role in the 2008 terror attacks in Mumbai.
The complaint details how Rana and her conspirator David Headley conspired with Lashkar-e-Taiba, who carried out the attacks that killed 166 people and injured hundreds more.
Lulejian argued that if Rana is extradited to India and Indian courts convict him of the charges of conspiracy to commit murder and / or murder, he faces the possibility of the death penalty or life imprisonment.
In light of these serious sanctions, Rana has every incentive to flee the United States to a country that does not have an extradition treaty with India or a country that cannot extradite him without the guarantee that India will not seek the death penalty, said. court.
According to the Canada-India extradition treaty, extradition may be refused when the crime for which extradition is requested is punishable by death in accordance with the laws of the requesting state and the laws of the requested state do not grant such punishment for conduct that constitutes a crime, unless India assures Canada that the death penalty will not be carried out if imposed.
Therefore, if Rana fled to Canada, he could escape the possibility of being sentenced to death for his alleged role in facilitating the murder of 166 men, women, and children. Rana should not be given the opportunity to create such an outcome, which would be an affront to the victims and their families, as well as to the Indian legal system, “said the United States Attorney.
In addition to being a flight risk, Rana, a convicted terrorist, represents a danger to the community, the US attorney said.
As detailed above, he was convicted of conspiracy by a federal jury to provide material support for terrorism in Denmark and Lashkar-e-Taiba.
The fact that Rana conspired with Headley and members of a terrorist organization, knowing what would happen, demonstrates her lack of respect for human life, Lulejian argued.
At Rana’s trial in Chicago, USA. The USA He presented evidence that, except for the intervention of law enforcement, the attackers planned to storm the Jyllands Posten facility in Copenhagen, take hostages, decapitate innocent newspaper employees, and throw their heads into the street. and establish a fortress fighting to the death with Danish forces.
In addition, Headley testified at trial that after Rana, who provided him with the cover to monitor Mumbai, learned that Lashkar-e-Taiba ruthlessly murdered approximately 166 men, women, and children in that city, he praised the attacks. and declared that the victims deserved it, he informed the Los Angeles court.
If India convicts Rana on the charges of conspiracy to commit murder and / or murder, she does not face a sentence of years, but a possible life sentence or the death penalty. Therefore, the justification used to shorten Rana’s sentence is not applicable in the event that the sanctions are more significant, the lawyer said.
Claiming that Rana poses a threat to the community if he is released on bail, the US prosecutor said that in the years after the attacks in Mumbai and plans to attack the Danish newspaper, he never publicly expressed remorse for his conduct, rejecting his actions or its association with Lashkar-e-Taiba, which remains an active terrorist organization.
Rana’s lack of empathy and his callous and callous disregard for human life shows that he continues to pose a danger to the community today as he did 11 years ago, the US attorney said.
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