Aliens — Removal of appellant from South Africa to United States — Appellant to stand trial in United States on capital charges — Whether South Africa having duty to obtain assurances that death penalty not be imposed — Whether handing over by South African authorities for removal to United States lawful — Characterization of removal — Whether deportation or unlawful disguised extradition — Relevance — Whether South African authorities empowered to deport appellant — Aliens Control Act 1991 — Whether appellant’s consent valid

Human rights — Constitutional rights — Right to life — Right to human dignity — Right not to be subjected to cruel, inhuman or degrading punishment — Death penalty held to be unconstitutional in Makwanyane — South African Constitution 1996, Sections 10, 11, 12(l)(d) and (e) — Handing over of appellant without assurances that death penalty not be imposed — Whether South African government having duty to secure assurances — Whether infringing appellant’s constitutional rights — Constitutional duty of Court

International criminal law — Cooperation between States in criminal matters — Removal of appellant from South Africa to United States — Death penalty unconstitutional in South Africa — Appellant to stand trial on capital charges in United States without assurances that death penalty will not be imposed — Whether appellant’s removal lawful

Terrorism — Bombings of United States embassies in 1998 — Federal grand jury in New York concluding Al Qaeda responsible for attacks — Appellant indicted by grand jury in United States — International arrest warrant issued for appellant following his indictment — Appellant removed from South Africa to United States to stand trial — South African court ruling on whether removal unlawful and unconstitutional — Whether appropriate to inform United States court of South African judgment — The law of South Africa