Rechtbank Den Haag, 04-10-2023, ECLI:NL:RBDHA:2023:17581, C/09/651885 / KG ZA 23-676

“(...) 24. On June 3, 2019, law enforcement agents applied for and were granted authorization to search [eiser]’s vehicle. During execution of the search warrant on June 4, 2019, a hand-written note was found in the center console. The note read as follows: “I live in (...) There is a video or two videos that you can watch and judge. Thanks.” (...) In one of the videos, [eiser] admits murdering his wife A.K. because he believed she was having multiple affairs. Specifically, [eiser] stated:

The reason behind all this is my wife. She has been cheating on me, not once, not twice, not three times... many many many many times....

So after when she got her green card... and everything, she decided to divorce me... which is not fair. So... so I killed her. I killed her and I put her body inside the chest freezer in my apartment. Nobody else is responsible for this, it’s only me. I decided to do that ... because I was pissed, I was so mad. And I didn’t know what I did.

(...)

32. On June 7, 2019, U.S. law enforcement authorities determined that on May 30. 2019, [eiser] had flown from Dubai to Kabul, Afghanistan.

33. In January 2021, [eiser] obtained a new passport from Afghani authorities, which indicated a new name: “[naam]”.

34. On June 7, 2019, the Spokane County Prosecuting Attorney’s Office charged [eiser] by Criminal Information (...) for violating the criminal laws of the State of Washington. (...) [eiser] is charged as follows:

Count 1: RCW 9A.32.030(1)(A) and RCW 10.99.020 – Murder in the First Degree – Domestic Violence (“RCW” staat voor “Revised Code of Washington”, voorzieningenrechter).”

“RCW 9A.32.030

Murder in the first degree.

(1) A person is guilty of murder in the first degree when:

(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person;

(...)

RCW 9A.32.040

Murder in the first degree – Sentence.

..., [A]ny person convicted of the crime of murder in the first degree shall be sentenced to life imprisonment. (...)”

“(...) De rechtbank is van oordeel dat het standpunt van de raadsman onvoldoende is onderbouwd. Er is immers niet concreet gemaakt dat de opgeëiste persoon is gefolterd in Afghanistan, dat dit heeft plaatsgevonden in verband met de zaak waarvoor zijn uitlevering wordt verzocht en, in het bijzonder, dat dit is gebeurd door of mede door toedoen van functionarissen van de Verenigde Staten. Het verweer van de raadsman wordt verworpen, evenals het verzoek getuigen of deskundigen te horen, omdat gelet op het voorgaande daartoe geen noodzaak bestaat. (...)”

“Among others, [eiser]'s lawyers argue that [eiser] might face the death penalty or a life sentence without the possibility of parole in the US, if convicted of Aggravated Murder First Degree. This would constitute a violation of Article 2 and 3 of the ECHR. Of course, your extradition request states that [eiser] is suspected of Murder in the First Degree, and that if convicted, he shall be sentenced to life imprisonment. I understand that Aggravated Murder First Degree and Murder in the First Degree are two different classifications, for which different penalties might be imposed. However, just to confirm so we can confidently make this argument in court: can you please confirm [eiser] is solely suspected of Murder in the First Degree, and therefore it is not possible that he will be convicted to life without parole or the death penalty?”

“Per the U.S. prosecutor, Mr. [eiser] is solely suspected of Murder in the First Degree, and therefore not facing the death penalty nor a sentence of life without the possibility of parole. Washington State abolished the death penalty via state senate bill 5087 which Governor Jay lnslee signed into law in April of 2023. Additionally, Mr. [eiser] is not charged with aggravated first-degree murder and as a result he is not facing a sentence of life without the possibility of parole. Under no circumstances under the statute he is charged with (RCW 9A.32.030) could a court impose life without the possibility of parole.”

“During the interlocutory procedure, the court shall address the issues that are raised by Mr. [eiser], taking into account, among others, the established case law of the European Court of Human Rights. We would therefore kindly ask you the following:

- information on the detention facility/facilities where mr. [eiser] will be placed during pre-trial detention and the period of time he will be detained there;

- information on the detention facility/facilities where mr. [eiser] will be placed if he is to be sentenced to time imprisonment;

- information on the placement procedure within these facilities and the aspects that will be taken into account;

- information on the mechanisms that are in place to ensure the safety of detainees, and the assurance that mr. [eiser] will, if necessary, be protected against harm from others;

- information on the cells in which mr. [eiser] will be placed and their square meters of living space;

- assurances that the prison facilities and cells will as a minimum meet all standards as set out in the United Nations Standard Minimum Rules for the Treatment of Prisoners (also known as the 'Nelson Mandela Rules');

- information on the provisions that are in place for mr. [eiser] for medical (both physical and mental) healthcare and an assurance that he will receive medical and mental health care if he requires this.

Please note that according to the European Court of Human Rights case law, it is important that the assurances are specific/concrete to the person concerned. References to national legislation are in general not sufficient. Due to this requirement it will, for example, most likely be insufficient to refer to a detention facility that will be specified after extradition.”

“ (...) According to the Washington State Office of Financial Management, the total prison population in the State of Washington on June 30, 2023, was 12,816, including those inmates in prisons and work release facilities. Focusing on where Mr. [eiser] could be housed, the Washington State Penitentiary (WSP), in Walla, Walla, WA, has the ability to house up to 2,148 male inmates. The WSP houses minimum, medium, and maximum custody inmates. The WSP offers a variety of programs related to sustainable practices as well as vocational programming, education, community services and job opportunities for incarcerated individuals. The WSP offers many different programs to include, but not limited to chemical dependency, religious programs, mental health programs, law library access, and many others. Like the WSP, Clallam Bay Corrections Center (CBCC) offers many programs to incarcerated individuals. These programs are focused on vocational training, educational opportunities, substance and mental health treatment programs, and a variety of sustainability programs. CBCC is a medium and maximum custody facility. The total capacity is 900 inmates, while the current population is around 512 inmates (as of June 2023). Airway Heights Corrections Center (AHCC) has the ability to house 2,100 male inmates. The AHCC population includes a vast majority of minimum and medium custody individuals.

(...)

Mr. [eiser] has raised concerns that detention in a State of Washington prison facility will subject him to overpopulation, solitary confinement, violence, and poor medical and mental care. Like every inmate, Mr. [eiser] will go through the classification process at both the Spokane County Jail, as well as the Washington State Department of Corrections. As noted above, it is at this point where jail/prison officials will determine the proper housing for Mr. [eiser]. This will mitigate his exposure to violence and allow for access to any medical or mental health care. Mr. [eiser] would be monitored by jail/prison staff and as such, would be afforded the ability to change housing, obtain medical care, etc., as the need arises. In essence, Mr. [eiser] (as with all inmates), will not simply be evaluated on day one and then forgotten about.

The Spokane County Detention Services and the Washington State DOC have implemented changes and continue to adapt as necessary with the ever-changing landscape that comes with the detention of individual accused and/or convicted of a crime. Mr. [eiser]' s health and safety are no less important than that of any other inmate or jail staff member. If the Ministry of Justice and Security allows extradition to the United States, Mr. [eiser] will be afforded the proper protections to ensure his health, safety, and wellbeing. (...)”

“The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honor to refer to the letter from the Ministry of Justice and Security requesting confirmation that if extradited, [eiser] will not face the death penalty or life imprisonment without the possibility of parole.

The Government of the United States confirms that such assurances are not necessary in this case. Pursuant to the criminal laws of the State of Washington, neither the death penalty nor life imprisonment without the possibility of parole are authorized punishments for the offense for which [eiser] 's extradition is sought. Therefore, neither the death penalty nor life imprisonment without the possibility of parole can be requested or imposed in this case. Washington State abolished the death penalty in April 2023.”