2019 Appeal

There are 2 points of consideration: the Court’s dismissal of Abdulrahman’s choice of representation and the unreasonable sentence of 40 years discounting his age and mental health.

On November 14, 2019, Abdulrahman appealed to the United States District Court for the Southern District of New York’s conviction upon his plea of guilty to the 7 charges that led to Judge Berman’s 40-year imprisonment sentence. Per Andrew J. Frisch’s appeal submission, there are 2 points of consideration: the Court’s dismissal of Abdulrahman’s choice of representation (discussed in ‘Representation Issues’) and the unreasonable sentence of 40 years.

According to the appeal, a defendant’s youth and mental health issues have always been recognised by the Supreme Court of the United States as factors that mitigate accountability and the nature of the sentence. Mr. Frisch points out that Judge Berman was skeptical of the prognosis of not only Abdulrahman – but of young people – despite the progression observed by the medical professionals who testified in court.

 

“People with these lifelong — particularly I’m now talking about mental health issues, which I suspect is a lifelong problem for him — and later on, combined with this severe drug addiction that he has, this is anecdotal, but I haven’t seen the ability to make that turnaround, to go from that situation to being a functioning law-abiding — we have to say because we’re a court — but productive member of society.”

Richard Berman

Judge, United States District Court for the Southern District of New York

Mental illness can be a lifelong condition, but it also is – we have abundant evidence of that, that ongoing treatment, identification of where the problem areas are and real support works and that people do get well.

Katherine Porterfield

Clinical Instructor of Psychiatry, New York University School of Medicine

Despite Judge Berman’s promise to provide necessary treatment to Abdulrahman, Mr. El Bahnasawy’s legal team submitted a declaration of experts stating – without any dispute – the lack of proper psychological treatment provided by United States prisons. Unlike the United States, Canadian prisons offer important services such as mental health treatment to individuals like Abdulrahman. Professor Amir Attaran who teaches law and medicine at University of Ottawa, concurred by saying “They [Canada] consider it a statutory, moral imperative.”

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"What makes this story even more disturbing is that the Royal Canadian Mounted Police (RCMP) knowingly participated in this sting with the FBI. They unlawfully obtained Abdulrahman’s medical records that described his mental health vulnerabilities and provided them to the FBI to better manipulate this damaged youth.

This raises serious human rights concerns of discriminatory investigations, targeting vulnerable youths such as Abdulrahman, who had no previous history of violence or criminality, until drawn in by a U.S. government actively involved in developing the plot, persuading and pressuring the target to participate."

Dennis Edney

Canadian Defence lawyer