Germany released a man from custody suspected of being a suspect in the Madrid bombings of a year ago. They refused a request to extradite Mamoun Darkazanli, who has joint German and Syrian citizenship, to Spain.
The Federal Constitutional Court decided that the German version of the European arrest warrant violates the German constitution and the basic rights of suspects.
The 46-year-old Darkazanli would face up to 12 years in prison in Spain if convicted of belonging to a terrorist organization, namely al-Qaeda. He was seen in a wedding video in 1999 with Marwan al-Shehhi and Ziad Jarrah, two of the hijackers who flew the planes involved in the September 11 attacks.
German Justice Minister Brigitte Zypries told the Associated Press that the verdict was 'a blow for the government in its efforts and fight against terrorism,' and added that the government would submit a revised form of the law within four to six weeks.
Martin Selmayr, a spokesman for the EU said that Monday's ruling only affects Germany but that it was a setback for the law which was designed to help make extradition of terrorists and other criminals between European countries easier.
'There is no change to be made at the (European) community level,' Selmayr declared in Brussels.
The court ordered that Darkazanli be released from the Hamburg prison where he had been held since last October.
The EU-wide warrant was considered an important weapon in the fight against terrorism throughout Europe. A recent study showed it has been working, reducing the extradition time from an average of 270 days to an average of just 45.
It remains to be seen if Germany will attempt to re-arrest Darkazanli in once the revised warrant is approved.
