WASHINGTON, Nov. 28 (UPI) -- With international criticism rising over President George W. Bush's order to try terrorist suspects in military court, Spain's Prime Minister Jose Maria Aznar said Wednesday that should the United States ask for the extradition of 14 al Qaida members under arrest in his country he would "study the issue."
"Can I just say that if and when the United States requests that extradition, we will study the issue," Aznar told reporters after his meeting with Bush. "Can I also say that the United States is free to organize its own jurisdiction as it sees fit, as a free and democratic country. Any action taken on the extradition issue will be taken with full respect of Spanish and United States law," Aznar said.
Spain arrested suspected terrorists believed to have ties to Osama bin Laden. Bin Laden is blamed for the Sept. 11 terrorist attacks on Washington and New York City that left some 3,200 people dead. Authorities in Spain believe that the people they have in custody may have assisted the suicide hijackers in the attacks.
Standing with Bush in the White House Rose Garden, Aznar pledged his country's support in tracking down, eradicating and eliminating terrorism. He said Spain intended to maintain and strengthen its political commitment, cooperation in intelligence and security and information sharing and "if need be, to commit military force to that battle."
Aznar assured Bush that "the only fate that awaits terrorists is defeat, and the only option for terrorists is going to be brought to justice."
Earlier this month Bush directed U.S. Defense Secretary Donald Rumsfeld to establish one or more military commissions to try individuals believed to be members of the Muslim extremist group al Qaida who have engaged in, aided or planned acts of international terrorism against the United States, or harbored anyone doing so.
European governments previously have objected to the United States about its use of capital punishment, and the issue could complicate extradition of terror suspects, according to European diplomats in Washington. All member states of the European Union are signatories to the European Declaration of Human Rights, which outlaws the use of capital punishment. Spain assumes the presidency of the European Union for the first half of next year.
And the plan continues to draw international criticism. As recently as Tuesday, Swedish Foreign Minister Anna Lindh criticized Bush's plan, saying the courts "do not meet the standards for legal safeguards," according the Swedish newspaper Dagens Nyheter.
Bush administration officials were called to Capital Hill earlier in the day to explain the reasoning behind what some lawmakers considered unilateral actions on the part of the executive branch -- such as the implementation of the military courts. Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, expressed concern that military tribunals could inhibit cooperation with other nations in the fight against terrorism.
"Spain recently captured several suspects it believes are complicit in the Sept. 11 attacks. And last week Spain announced that it would not extradite suspects to the United States if they would be tried by military commissions instead of civilian courts. And now we hear a number of European allies share Spain's concerns," Leahy said.
Assistant Attorney General Michael Chertoff testified that when dealing with the issue of extradition from foreign countries, other countries sometimes lay down conditions that need to be satisfied before that extradition can take place.
"We've had that issue, for example, with respect to the death penalty, and it's sometimes, frankly, caused a certain amount of discomfort on our side. So I think we are all well aware of that," Chertoff said.
He went on to say: "On the issue of military commissions, I think we are aware of the fact that there has been criticism of some tribunals overseas. The fact of the matter is, whether you have a civilian tribunal or military tribunal, it's possible to have a fair one and it's possible to have an unfair one. It's not how you characterize it, it's how you implement it."
