PRESS RELEASEOctober 10, 1995
The Royal Ministry of Justice
Souhaila Andrawes to be extradited to Germany
of Justice has decided today that Souhaila Andrawes is to be
extradited to Germany.
On 19 October 1994 Germany requested that
Andrawes be surrendered by Norway on the basis of the fact that she
was charged with hijacking an aircraft belonging to the German
airline company Lufthansa in October 1977. The aircraft was
hijacked after its departure from Palma, Mallorca, and the
hijacking operation continued for almost five days. The flight
captain was shot and killed during the hijacking. German soldiers
stormed the aircraft and liberated the hostages in Mogadishu,
Somalia. Three of the hijackers were killed and Souhaila Andrawes
was wounded. The court has found that the conditions for
extraditing Souhaila Andrawes have been fulfilled.
In accordance with the European Convention of 13
December 1957 relating to the extradition of offenders, which
applies to relations between Norway and Germany, Norway has
undertaken to surrender offenders if the terms of the convention
The freedom of the Ministry of Justice to
exercise discretion is limited to what follows from the convention,
the declarations that have been made and the reservations that
Norway has made. The hijacking falls within the scope of the
Convention for the suppression of unlawful seizure of aircraft.
Under this convention, Norway has an obligation either to extradite
Andrawes or to consider instituting criminal proceedings against
her in Norway. The question is therefore not whether a penalty
should be imposed, but where the prosecution should take place.
Norway has made a reservation to the
Extradition Convention to the effect that "extradition may be
refused on humanitarian grounds if surrender is likely to have
consequences of an exceptional gravity for the person claimed,
particularly by reason of his age, state of health or other
The Ministry of Justice has carefully considered
the humanitarian aspects of this case, but does not find that they
may be attributed such importance, either individually or seen as a
whole, as to warrant non-compliance with the extradition request.
Decisive importance is attached to the fact that the hijacking
which Andrawes has admitted having committed must be described as a
very grave offence. There is broad international consensus
concerning the prevention of hijacking and other international acts
of terrorism. Firm resistance to hijackers of aircraft is an
important means of combating such serious crimes. The German
authorities have a strong, legitimate interest in having the
offences covered by the charge tried by a German court.
If Andrawes were to be deemed a resident of
Norway, it would be permissible to refuse to surrender her to
Germany. If Andrawes is not deemed a resident of the realm, Norway
has an obligation to surrender her, unless conclusive humanitarian
considerations indicate the contrary. However, the Ministry of
Justice has not found it necessary to make a final decision on
whether Andrawes is to be deemed a resident of Norway, because the
Ministry in any event has concluded that extradition should take
Conditions of the Act fulfilled
In rulings given by the
Interlocutory Appeals Committee of the Supreme Court it has been
finally confirmed that the conditions for extraditing Souhaila
Andrawes have been fulfilled in accordance with the Extradition Act
(Act No. 39 of 13 June 1975 relating to the extradition of
offenders, etc.), and that there is just cause for suspecting her
of having committed the following offences:
- hijacking an aircraft,
- deprivation of liberty,
- complicity in the murder of the flight captain,
- attempted homicide of the German soldiers who stormed the
It appears from the ruling of the Eidsivating High Court of 2
May 1995 that there is no just cause to suspect Andrawes of the
attempted homicide of the passengers and crew of the aircraft.
Therefore, the Ministry of Justice stipulates as a condition for
surrender pursuant to the Extradition Act that Souhaila Andrawes
shall not be prosecuted for these offences.
The decision of the Ministry of Justice may be
appealed to the King in Council.
The time limit for lodging an appeal is three
weeks. Any appeal lodged shall have a suspensive effect.
Lagt inn 11 oktober 1995 av Statens forvaltningstjeneste,