Human rights court halts Hamza extradition

News in pictures
News in pictures
On Facebook
From the blogs

Bahrain: One year on

I am used to endless lies and criticism from the BNP and its favourite blogster, as well as Islamist...

HIV orphans in Thailand prepare for the future

In Baan Gerda, a community for HIV infected or affected youngsters in Northern Thailand, a group of ...

Online House Hunter: England’s most romantic places

Our Online House Hunter goes in search of romance this Valentine's Day...

Roy Hodgson for England: A club of one

To argue against Harry Redknapp for England is akin to arguing in favour of bankers bonuses. While s...

Human rights judges today ordered a halt to the extraditions of Babar Ahmad and radical preacher Abu Hamza, both wanted in the US on terror charges.

The Strasbourg court said it wanted more time to examine possible human rights breaches if the men face trial on charges which could mean life sentences without parole.



Ahmad, a 36-year old computer expert, has been in a UK prison without trial for nearly six years, refused bail since his arrest in August 2004 on a US extradition warrant.



Radical preacher Hamza is also wanted on terror charges in the US.



Both appealed separately to the European Court of Human Rights on the grounds that their treatment and potential punishment could violate Human Rights Convention provisions on the "prohibition of torture and inhuman or degrading treatment".



The appeal prompted a stay of extradition proceedings pending today's verdict, which further postponed a final decision.



The ruling gives the UK Government until September 2 to submit observations and declares: "The (Human Rights) Court decided to prolong, until further notice, the interim measures it had adopted indicating to the UK Government that it was in the interests of the proper conduct of the proceedings that the applicants should not be extradited while the cases were being examined by the court".











Two other British nationals wanted in the US - Haroon Rashid Aswat and Seyla Talha Ahsan - have also been granted more time before extradition warrants can be carried out.



All four men were described by the Human Rights Court today as "alleged international terrorists", indicted on various charges.



The judges dismissed claims that US trial procedures would amount to a denial of justice, or that any of the four would be designated as "enemy combatants" and therefore exposed to a possible death penalty if convicted.



However, said today's ruling, there was a real risk that, in the case of "post-trial detention", Mr Ahmad, Mr Aswat and Mr Ahsan would be held at a "supermax" jail, - the US Penitentiary, Administrative Maximum, Florence, Colorado - known for short as "ADX Florence".



That raised concerns about breaches of Human Rights Code Article 3 on torture and inhuman or degrading treatment:



"Their complaints under Article 3 concerning the stringency of conditions there for what could be the rest of their lives (raises) serious questions of fact and law of such complexity that the Court (has) to examine them on their merits," said the judges.



In the case of Abu Hamza, however, the complaint about ADX Florence did not apply, "as he would at most risk spending a short period of time there and only until such time as his state of health was assessed".



Home Secretary Theresa May said: "We note that the European Court of Human Rights has decided that all the applications are partly admissible.



"We await the Court's judgment on the case. In the meantime these individuals will remain in custody."









All four were charged by the US between 2004 and 2006 and remain in UK jails pending extradition.



Ahmad and Ahsan are accused of providing support to terrorists and conspiracy to kill, maim or injure people and damage property in a foreign country.



Egyptian-born Abu Hamza is wanted in connection with 11 charges related to taking 16 hostages in Yemen in 1998, promoting violent jihad in Afghanistan in 2001 and conspiring to set up a jihad training camp in Oregon, America. Aswat is accused of conspiring with Abu Hamza to establish the camp.



The Human Rights judges rejected their claims that America would renege on diplomatic assurances that the four men would get fair trials, and would not be designated "enemy combatants" if found guilty.



The judges said there was no reason to believe that the US would breach the terms of the assurances, and there was therefore no risk of their trials amounting to "a flagrant denial of justice". Neither would any of the four be named as enemy combatants, nor would they be "subject to extraordinary rendition".



But the concerns about the "supermax" prison ADX Florence remained regarding three of the men, and all four were covered by another question the Human Rights judges wanted to consider further - does the Eight Amendment to the US Constitution (prohibition of "cruel and unusual punishment") give the equivalent protection to Article 3 of the European Human Rights Convention?



The judgment concluded: "The (UK) Government has been asked to submit observations by September 2. The applicants will then be given an opportunity to respond to those observations, after which the Government will be invited to submit its final observations in reply. The Court will then give its judgment."

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

No secularism please, we're British

No secularism please, we're British

Arguments about the role of religion in national life have recently acquired a new urgency
Harold Tillman: 'Chinese tourists can save the high street – if we let them'

Harold Tillman interview

'Chinese tourists can save the high street – if we let them'
Working as a jail torturer ruined my life

Working as a jail torturer ruined my life

Meet the former soldier who has joined the political prisoners he tortured in Turkey's Mamak prison by suing the generals who led a regime of terror
The local high street jet shop

The local high street jet shop

Got a spare $50m and can't stand the queues at Heathrow? Get yourself down to London's first private plane dealership
Do you like your doctor? It could be the death of you

Do you like your doctor?

It could be the death of you...
The mysterious affair of how Agatha Christie is teaching foreigners English

How Agatha Christie is teaching foreigners English

Twenty of the author's novels have been adapted and presented with learning notes and a CD
Six Grammys, five years off: Adele puts love before career

Six Grammys, five years off

Adele puts love before career
The 10 Best binoculars

The 10 Best binoculars

From no-frills to bins with digital cameras
Milan for £300

Milan for £300?

A cultural family holiday - on a budget - to Italy's most stylish city
'Black-hole' resorts: Turn up, tune out, log off

'Black-hole' resorts

Turn up, tune out, log off
New Arsenal face an old question of credibility in San Siro

New Arsenal face an old question of credibility in San Siro

Remodelled since winning in Milan in 2008, for all their consistency – and prize-money – Wenger's side are yet to claim a European title
James Lawton: This prodigal son deserves no forgiveness

James Lawton: This prodigal son deserves no forgiveness

City would be putting their desire to win title ahead of morals if Tevez plays for them
Mark Cavendish: Is Olympic gold at end of the rainbow?

Mark Cavendish interview

Is Olympic gold at end of the rainbow?
Apple admits it has a human rights problem

Apple admits it has a human rights problem

After years of complaints and workers' suicides in China the technology giant faces up to the human cost of its gadgets
Peter Moore: 'I feel guilty I'm the only one alive'

Peter Moore interview

'I feel guilty I'm the only one alive'