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Dr Mourad Dhina, is a leading figure of the Algerian opposition, co-founder of the Rachad Mouvement and Executive Director of the Geneva based NGO Alkarama. He has been living in Switzerland for nearly 20 years, and was arrested on 16 January 2012 in Paris-Orly airport by the French authorities on the request of the Algerian authorities. He has been detained since at "La Santé" Prison in Paris awaiting a decision on the extradition request.
The Algerian authorities have, for years, tried to silence Dr Dhina by accusing him of belonging to a terrorist group in Switzerland, which would justify their request for his extradition. The Swiss authorities however never acted on these requests.
The Paris Court, during the first hearing on 21 March, did not deem it important to take into account a letter from the Swiss Federal Prosecutor to Dr Dhina's lawyer, Mr Antoine Comte, explaining that an inquiry had been carried out from 1994 to 2000 (6 years) and that it had been closed for lack of any evidence supporting the accusations against Dr Dhina.
Indeed, Mr Folco Galli, spokesperson of the Swiss Federal Office of Justice, declared to the Tribune de Genève on 11 October 2002 "We cannot accede to this demand for the simple reason that the alleged offenses are not punishable under Swiss law"
Despite having noted during the March hearing all the contradictions and incoherencies in the file presented by the Algerian authorities, the French Court decided on 4 April 2012 to follow the request of the General Prosecutor for further information, prolonging Dr Dhina's detention by a further 2 months. These delays are widely interpreted as a desire by the French authorities to respond to requests by the Algerian authorities to silence a political opponent during the period of the Algerian legislative elections.
The Algerian Ministry of Foreign Affairs submitted to the file a crucial document: the referral of three defendants to the criminal court of Algiers in a case which, as becomes clear when reading this document, was completely fabricated in order to justify the extradition request made to the Swiss authorities.
This referral, issued by the Algiers criminal appeals court on 26 October 2004, cites a principal defendant, Samir Hamdi Bacha, at that time detained in Algiers Prison, as well as Redouane Bentafat and Dr Mourad Dhina, who were described as "on the run". All three were prosecuted under charges of "belonging to a terrorist organization abroad".
Whilst Samir Hamdi Bacha was in detention for another case, he was subjected to a new judicial procedure regarding a small 6 person airplane which belonged to him and which he had bought for 52 000$. The plane was parked in an airport in southern Switzerland. He was questioned by the investigating judge about the origins of the funds with which he bought this plane and regarding his links to Redouane Bentafat, Dr Dhina's brother-in-law, who was one of Mr Bacha's former classmates who he had visited during trips he made to Switzerland.
This referral document notes that Samir Hamdi Bacha stated to the Investigating Judge that he had not bought the airplane on Dr Dhina's request nor received any money for this but that he had bought it himself and was ready to provide all the evidence necessary to prove this, including the receipt for this purchase. He also declared having met Redouane Bentefat and Mourad Dhina two times during 1998 at the home of the former. He also denied belonging to any terrorist organization active abroad.
Despite the complete lack of any evidence in the file, the Algiers Court confirmed the charges against Dr Dhina, seeing as Hamdi Bacha, still detained at the time, was not able to provide the proof of his affirmations within the month given to him to do so.
Brought before the Criminal Court on 20 June 2005, Samir Hamdi Bacha confirmed his previous statements and, seeing the lack of any evidence which could be held against him, the court had no choice but to acquit him.
In a highly illogical move, having acquitted the main defendant in the case, this same Court proceeded to sentence Dr Dhina and Redouane Bentafat, who were being prosecuted as accomplices of this defendant, to 20 years in jail, which clearly confirmed that this entire judicial masquerade was fabricated to give legitimacy to the thesis that Dr Dhina belonged to a dangerous terrorist organization active in Switzerland, which would in turn justify the extradition request lodged with the Swiss authorities.