Five and a Half Years as a Sentence for Conspiring to Murder U.S. Troops In Iraq? Delaema Freed by a Dutch Court

A Dutch court has freed Wesam al-Delaema, convicted in an American Court just last year following his plea of guilty to the charge that he conspired to kill Americans in Iraq as part of the insurgency.  Specifically, the Dutch court converted his U.S.-imposed 25-year sentence into a five and 1/2 year sentence amounting to time served.  Frankly, I find that pretty disturbing.  And though some reduction was expected, as I explain below, you might be shocked by the Court's explanation for reducing the sentence to this extent. One often hears that the United States and its European allies have decidedly different views about the appropriate duration and conditions of confinement for convicted criminals.  The Delaema situation is a rather dramatic illustration.  Wesam al-Deleama was born and grew up in Iraq (Fallujah, as it happens), but by 2001 had become a Dutch citizen.  Nonetheless, in 2003 he apparently travelled to Fallujah to join insurgents fighting Americans, and became involved in planting IEDs (as depicted in at least one videotape) ("He was helping his homeboys near Fallujah," said Gregory Smith, one of Delaema's attorneys").  He was arrested in the Netherlands later, and eventually extradited to the United State where he became the first person criminally prosecuted in an American civilian court in connection with insurgent activities in Iraq.  The extradition was conditional, however, on the U.S. commitment to repatriate him to serve his sentence in the Netherlands if convicted, and also with the understanding that a Dutch judge might reduce whatever sentence an American court might impose in light of distinct Dutch sentencing norms.  Delaema ultimately pled guilty to conspiracy to kill Americans in Iraq, and received a 25-year sentence from the American court.  After he was returned to the Netherlands, prosecutors there requested a Dutch court to impose a 16-year sentence by way of satisfying the expectation of a reduction.  The court rejected that request, however, instead selecting a mere 8-year sentence.  Under Dutch law, moreover, convicted criminals apparently need only serve 2/3 of their sentence, including time served pre-conviction.  Since Delaema at this point has been in custody for about five and half years, the Court's decision in practical terms meant that Delaema has completed his sentence. Now, here's the kicker.  The court's apparent rationale for the sharp reduction in the sentence:

Viktor Koppe the lawyer for al-Delaema called the conditions in the US prison a violation of the European treaty for human rights. “The cells were unimaginably dirty and full of vermin. Wesam was sometimes unable to sleep for several weeks.” Although the Rotterdam court did not go as far as to apply the same qualification to the conditions in the US prison, it did say life in a US prison is significantly more difficult than in Europe and that was the reason why the sentence was shortened. Mr Koppe was satisfied with the attention paid by the court to the conditions his client was held in.

Wow.