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Back美首度動用秘密恐怖分子法庭 驅逐涉恐阿富汗籍婦人
美首度動用秘密恐怖分子法庭 驅逐涉恐阿富汗籍婦人
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自由时报17 hours agoLaw2 min readChinaView translation

美首度動用秘密恐怖分子法庭 驅逐涉恐阿富汗籍婦人

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居住德州的47歲阿富汗籍合法永久居民扎達,因涉嫌協助家人進行恐攻計畫,遭美方啟動成立30年來首度運作的秘密「外國恐怖分子移除法庭」驅逐出境。扎達已放棄上訴,其辯護律師則指控該法庭侵害正當法律程序。

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Why It Matters

外國恐怖分子移除法庭成立於1996年,專門處理涉嫌恐怖主義且事證涉及國家安全機密的非美國公民案件,本案為創設30年來首度運作。

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居住在美國德州、擁有合法永久居留權的47歲阿富汗籍婦人扎達(Nazira Haji Zada),因涉嫌協助家人進行恐攻計畫,遭美方啟動創設30年來首度運作的秘密「外國恐怖分子移除法庭」(ATRC),驅逐出境。

據《BBC》報導,成立於1996年的「外國恐怖分子移除法庭」,專門處理涉嫌恐怖主義且事證涉及國家安全機密的非美國公民案件。扎達雖未遭刑事起訴,但其兒子與女婿因受極端組織「伊斯蘭國」(IS)煽動,企圖於2024年美國大選日發動大規模槍擊案而被判有罪,而檢方指控扎達是家族內的「精神領袖」並協助家人犯案。

美國司法部12日發布聲明指出,扎達已承認相關涉嫌身分並放棄針對遞解令提出上訴,正式喪失美國居留資格,將被迅速遣返回原籍國。美國司法部長布蘭奇(Todd Blanche)表示,此案是國家安全與法治的勝利,強調美方將動用一切工具保護國家,絕不允許包庇恐怖主義者留在美國。

對此,扎達的公設辯護人發表聲明反駁,強調扎達選擇接受遞解不代表認同該法庭的合法性。律師指控,當局將合法永久居民拖入法庭,卻拒絕向被告及律師出示任何控訴證據,已嚴重侵害憲法保障的正當法律程序,並堅信該秘密法庭未來勢將被裁定違憲。

Open Questions

  • 該秘密法庭未來是否會被裁定違憲?
  • 檢方掌握扎達涉案的具體機密事證為何?

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This article was originally published by 自由时报.

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