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Problems looming in NY Terrorist Trials

http://www.spiegel.de/international/world/0,1518,662814,00.html

<quotes>

The prosecutors in the forthcoming 9/11 trials in New York will be seeking
the death penalty if the five defendants are found guilty. That could pose a
problem for Germany, which is supplying vital evidence for the prosecution.

But it looks like the upcoming trial will cause headaches for Germany.
Holder and US President Barack Obama have announced that they intend to seek
the death penalty if the five defendants are found guilty. German law
prohibits capital punishment, yet evidence provided by German investigators
will play a key role in the trial.

This presents the German government with a dilemma. Berlin can either oppose
the use of German evidence in a bid to protect the defendants from
execution -- and risk alienating a NATO ally in the process -- or it can
approve the use of the incriminating documents, which would contravene
Germany's position on the death penalty.

According to the current mutual legal assistance agreement between the two
countries, should the information furnished by German investigators be used
to impose the death penalty, Germany can insist that this evidence be
considered inadmissible in court. This would not be the first time that the
Germans have demanded such assurances for criminal proceedings.

</quotes>

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