Irish Independent

State seeks to revoke jailed jihadist’s Irish citizenshi­p

- Shane Phelan LEGAL AFFAIRS EDITOR

THE State is seeking to strip an imprisoned jihadist of his Irish citizenshi­p, the Irish

Independen­t can reveal. But the move is set to be challenged by lawyers for Algerian-born Ali Charaf Damache, who is serving a 15-year sentence in the US after admitting to providing material support to Islamic terrorists.

As part of a plea-deal, the 53-year-old agreed to be deported to Ireland or Algeria after completing his sentence.

However, if he loses his Irish citizenshi­p, Damache faces being sent to Algeria, where he fears he would be detained and mistreated.

Damache was raised in France from the age of six and moved to Ireland in 2000.

He lived in Waterford City and gained citizenshi­p in 2008 after marrying an Irish woman.

Authoritie­s would later link him to al-Qa’ida and a jihadist cell that was plotting attacks in Europe and southern Asia.

He conspired with Colleen LaRose, a Pennsylvan­ia woman also known as ‘Jihad Jane’, in a plot to kill Swedish cartoonist Lars Vilks in retaliatio­n for a depiction of the Prophet Muhammad as a dog.

US prosecutor­s alleged Damache preyed on vulnerable Americans to get them to fly to Europe and join a violent terrorist cell he was forming.

The decision of the State to seek to revoke Damache’s citizenshi­p was revealed in papers filed in the High Court by his lawyers earlier this week.

Damache’s legal team is seeking an order restrainin­g Justice Minister Charlie Flanagan from revoking his citizenshi­p. The action also seeks to strike down a section of the Irish Nationalit­y and Citizenshi­p Act 1956, which gives the minister powers to revoke citizenshi­p.

His lawyers claim a section of the act is repugnant to the Constituti­on and incompatib­le with the requiremen­ts of EU law and the Charter of Fundamenta­l Freedoms of the EU.

Damache fought a long battle against extraditio­n to the US. Although extraditio­n was refused by the Irish courts, he would later be arrested in Barcelona and extradited by Spanish authoritie­s in 2017.

He pleaded guilty in a Federal Court in Philadelph­ia last July to a charge that while resident in Ireland in or around 2010, he materially assisted an Islamic terrorist conspiracy.

Last October, shortly before he was sentenced, he was informed of the minister’s intention to revoke his citizenshi­p on the grounds he had failed in his duty of loyalty and fidelity to the State.

In a statement to ground an applicatio­n for a judicial review, Damache’s lawyers said the deprivatio­n of citizenshi­p would lead to “extremely negative consequenc­es” for Damache, including restrictio­n on his entry to the EU.

They said Damache had children living in France.

The statement said he would also be liable to be deported to Algeria at the end of his sentence.

“The applicant fears that he may be detained there and mistreated by the Algerian security services, having regard to the nature of the offence he has been convicted of,” it said.

The statement went on to say Damache rebuffs the contention that he failed in his duty of fidelity to the State.

It said that it was worth considerin­g whether Damache’s guilty plea proved he had engaged in conduct which demonstrat­ed a lack of fidelity to the State or was the result of his desire to avoid a 45-year prison sentence if he had unsuccessf­ully contested the charges.

The statement said that historical­ly there has been a negligible chance of successful­ly defending federal terrorism charges.

Damache denies that he failed in his duty of fidelity to the State

 ??  ?? Legal battle: AlgerianIr­ish jihadist Ali Charaf Damache was sentenced to 15 years in jail in the USA in October after pleading guilty to terrorism charges
Legal battle: AlgerianIr­ish jihadist Ali Charaf Damache was sentenced to 15 years in jail in the USA in October after pleading guilty to terrorism charges

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