US law chief says bin Laden would face death penalty

John Ashcroft, the American Attorney General, indicated yesterday that Osama bin Laden would face the death penalty if he was captured and sent to the United States, while France voiced concern at the fate of a Frenchman suspected of terrorism in the US.

Mr Ashcroft said in London: "It is clear that the United States, most of the states in the United States and the federal government of the United States, have laws, the violation of which provides death eligibility in terms of the sentencing."

He was questioned at a press conference about remarks by Geoff Hoon, the Defence Secretary, who said at the weekend that if British troops were to capture Mr bin Laden, he would be handed over to the Americans only if they provided assurances that he would not face the death penalty. Britain has signed the European Convention on Human Rights, which opposes the death penalty.

In practice, it is believed that British troops in Afghanistan would hand the al-Qa'ida leader to their US counterparts. But the issue threatened to cause tension between London and Washington and Downing Street had to intervene to "clarify" Mr Hoon's remarks.

At the same time, Mr Ashcroft sought to allay fears in European countries, including Britain and France, that terrorist suspects might face the death penalty if they were extradited to the US. The French government yesterday pointed out that Zacarias Moussaoui, the first person to be indicted in connection with the 11 September suicide attacks, was a French national under consular protection in the United States.

Mr Moussaoui, a London-based French citizen of Moroccan extraction, was indicted for conspiracy to commit mass murder on Tuesday. "There has to be a discussion with the United States," Marylise Lebranchu, the Justice Minister, said on French radio. "We do not accept the death penalty."

The Attorney General suggested that America would show flexibility. He said: "I do not stand in judgement of other nations, about what they are doing. I understand that as mature sovereigns they need to make assessments of their own. Individuals and nations with which we have dealt regarding extraditions have dealt on a case-by-case basis and I think that is the best way to go forward."

After talks with David Blunkett, the Home Secretary, the two men reiterated their governments' determination to combat the threat of global terrorism. Mr Ashcroft said: "Terrorism is not confined to a single country. The training frequently takes place in one jurisdiction, the development and planning of an operation takes place in another jurisdiction and the operation itself might be executed in a third or fourth jurisdiction. It makes it very important for us to have the capacity to co-operate."

Mr Blunkett said: "The UK is part of a worldwide response to the atrocities in America. The scale of this operation cannot be underestimated. The FBI has issued 200,000 leads worldwide, and our own intelligence services are working closely with global counterparts in information and intelligence-gathering. Our shared goal is to leave no hiding place for terrorists."