Abu Hamza US extradition backed by European Court

 
Abu Hamza (left) with a masked bodyguard Abu Hamza: Indicted on charges of alleged terrorism in the US

Related Stories

The European Court of Human Rights has backed the extradition of Abu Hamza and four other terror suspects from the UK to the US.

The Strasbourg court held there would be no violation of human rights for those facing life and solitary confinement in a "supermax" prison.

Judges said they would consider further the case of another suspect because of mental health issues.

Prime Minister David Cameron said he was "very pleased" with the news.

"It's quite right that we have a proper legal process, although sometimes you can be frustrated by how long things take," he added.

The court's decision is one of its most important since 9/11 because it approves of human rights in US maximum security prisons, making it easier for the UK to send suspects to its closest ally.

There could still hypothetically be an appeal against the court's ruling in its final Grand Chamber - but in practice, very few cases are re-examined in that final forum.

The men have three months to try to persuade the Grand Chamber to reopen the entire case and examine it. If the men fail to launch an appeal, they will be extradited to the United States.

The family of one of the men, Babar Ahmad, who has been held for a record of nearly eight years without trial, said he would fight on against extradition.

Last week, he appealed in a BBC interview to be charged and tried in the UK because his alleged crimes were committed here.

Babar Ahmad: Unconvicted and held for almost eight years without trial - a British record

Home Secretary Theresa May welcomed the ruling, and said she would work to ensure that the suspects were handed over to the US authorities "as quickly as possible".

The US Justice Department also said it was "pleased" about the decision on the five.

"We look forward to the court's decision becoming final and to the extradition of these defendants to stand trial in the United States," it said in a statement.

In the case of the sixth suspect, Haroon Aswat, it said officials would "consult" with the UK's Home Office about the additional submission requested.

The European Court said there would be no breach of human rights if the men were to be held in solitary confinement at ADX Florence, a Federal Supermax jail in Colorado, used for people convicted of terrorism offences.

The Florence 'Supermax' jail

ADX Supermax Florence, Colorado, is also known as the Alcatraz of the Rockies.

It is reportedly equipped with 1,400 remote-controlled steel doors, motion detectors, pressure pads and gun towers.

Solitary confinement is a regular way of life in supermax regimes, with prisoners locked up for at least 23 hours each day.

Supporters say supermaxes are the most appropriate way to house the worst of the worst in the prison population.

Critics say they are an affront to human rights and tantamount to torture.

Abu Hamza is unlikely to be held at that jail because of his disabilities. The court also held that the life sentences each man faces would not breach human rights.

But in Mr Aswat's case, judges said they could not yet give the go-ahead to extradition because they needed to see more submissions on his schizophrenia and how that would be treated were he sent to the US.

The court said that the range of activities and services at ADX Florence was better than that at many European prisons.

It said: "Having fully considered all the evidence from both parties, including specifically prepared statements by officials at ADX Florence as well as letters provided by the US Department of Justice, the court held that conditions at ADX would not amount to ill-treatment.

"As concerned ADX's restrictive conditions and lack of human contact, the court found that, if the applicants were convicted as charged, the US authorities would be justified in considering them a significant security risk and in imposing strict limitations on their ability to communicate with the outside world.

Home Secretary Theresa May: "It was not right to prosecute in the UK"

"The court finds that there are adequate opportunities for interaction between inmates. While inmates are in their cells talking to other inmates is possible, admittedly only through the ventilation system.

"Save for cases involving the death penalty, it has even more rarely found that there would be a violation of Article 3 (that no-one shall be subjected to torture or to inhuman or degrading treatment or punishment) if an applicant were to be removed to a state which had a long history of respect of democracy, human rights and the rule of law."

Abu Hamza is charged with offences relating to hostage taking in Yemen and an alleged plot to set-up a terrorism training camp in the United States. Haroon Aswat is also accused in connection to the training camp.

Babar Ahmad and Talha Ahsan are accused of supporting terrorism through a website operated in London.

The final two men, Adel Abdul Bary and Khaled al-Fawwaz, allegedly played a part in organising the 1998 US Embassy bombings in East Africa.

The law firm representing Babar Ahmad and others in the case - Birnberg Peirce and Partners - said the court had made its decision "in large part on the basis of disputed statistics provided by the UK government to which the applicants were not permitted to respond".

It also stressed that the judgement did not address the "burning issue" of "why in all logic, fairness, and practical common sense are not British citizens (whose UK actions are forming the basis of prosecution in the US, and where all of the evidence on which they are being tried was accumulated in its entirety in the UK by UK police and shipped lock stock and barrel to US prosecutors), being tried in their own country?"

In an unrelated case earlier this year, the European Court blocked the deportation from the UK of a different radical cleric, Abu Qatada, to Jordan, saying he faced an unfair trial.

Shadow home secretary Yvette Cooper welcomed the ruling against Abu Hamza, but added: "The government now needs to focus on dealing with Abu Qatada, who could have less than a month left of his strict bail conditions, and where the government's own decision to water down counter-terror powers could mean he is allowed to move around London."

The men facing extradition

Name Background Court decision
Abu Hamza

Abu Hamza

Wanted in the US on 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 in the US

Can be extradited

Haroon Aswat

Accused of conspiring with Abu Hamza to establish a jihad training camp in Oregon

Case adjourned

Babar Ahmad

Babar Ahmad

Accused of various offences, including providing support to terrorists and conspiracy to kill, maim or injure people and damage property in a foreign country

Can be extradited

Talha Ahsan

Mr Ahsan is Babar Ahmad's co-accused. He faces similar allegations

Can be extradited

Adel Abdul Bary

Adel Abdul Bary

Accused of being a key aide to Osama Bin Laden. Wanted on charges of promoting violent jihad against the West and playing a role in the 1998 US embassy bombings in East Africa, in which more than 200 people were killed and thousands injured

Can be extradited

Khaled al-Fawwaz

Adel Abdul Bary's co-accused and charged with more than 269 counts of murder

Can be extradited

Read full profiles

 

More on This Story

Related Stories

The BBC is not responsible for the content of external Internet sites

Comments

This entry is now closed for comments

Jump to comments pagination
 
  • rate this
    -7

    Comment number 334.

    The usual hysteria accompanies commentary surrounding these people. Yes, kick him out. However, never underestimate the extremism of liberals - historically, the global death-count under liberal regimes swamps even the bloodbaths instigated by state-communists, fascists and the gallery of tinpot tyrants. We might seek change by immediately withdrawing our own paid killers from the Middle East.

  • rate this
    0

    Comment number 333.

    Can someone tell me if time served in a UK prison is counted towards a US conviction?

  • rate this
    +12

    Comment number 332.

    @165 Indus
    "Finally these animals (animals because they are not human) will finally meet real justice, and rot in a real prison."

    Be careful with your rhetoric the 'they aren't human' slant is exactly the type of language the extremists use to justify killing people. At least try to differentiate your hatred from theirs.

    Looks like they will have three months to appeal the judgment. Unfortunate.

  • rate this
    +10

    Comment number 331.

    What time's the flight?

  • rate this
    +3

    Comment number 330.

    A lot of bile being spewed here today.

    Obviously terrorists should all be executed, but what happened to "innocent until proven guilty" ?

  • rate this
    +168

    Comment number 329.

    Well I would be celebrating if they were removed tonight but no we have to wait on another three months and its not clear if that is it.

    They have used every law and appeal to delay things - how much has this all cost ?

    Its about time the UK dumps all these daft laws that protect terrorists rather than the victims.

  • rate this
    +35

    Comment number 328.

    This is the only extradition to the US that has pleased me.

  • rate this
    +2

    Comment number 327.

    'bing bong'. On the flight leaving the UK will passeneger Mr Hamsa please close the door on his way out, thank you.

  • rate this
    +7

    Comment number 326.

    What has been notable about all this is the lack of pleas of innocence from those concerned. Instead they go down the human rights route to stop extradition. If they're guilty then they deserve the punishment.

  • rate this
    +115

    Comment number 325.

    They do not show remorse, pitty for the poor or the rich, they do not care if their actions affect a baby, mother, father or a child, they toast to see their actions affect both young and the old. It is pretty easy to think you are immune to their cruelty if you've not been a victim and hence publicly defend their rights. Chaps like Abu Hamza do not deserve protection, it is the public that do.

  • rate this
    +6

    Comment number 324.

    Now get them on a plane. Today. Before this charade can be prolonged any further. If the government had had the courage to support public opinion and extradite them long ago it would have saved taxpayers' money. As for the European Court, it should be none of their business. I didn't vote for its members, or those who appointed them. As a UK citizen I expect those I elect to act in my interests

  • rate this
    -2

    Comment number 323.

    So, still no admission from the Europhobes that they were utterly wrong to castigate the ECHR before this case had even come to court...???

  • rate this
    -10

    Comment number 322.

    Alleged terrorism? Everyone's alleged terrorists to the USA, even their own people. The US doesn't need proof any more do they, they arrest their own people without proof and they invade countries without proof...

  • rate this
    +5

    Comment number 321.

    At long last comon sense. We are British First. European second. We have a elected goverment to make and set rules. obay british law first.

  • rate this
    +7

    Comment number 320.

    At last some common sense on Extradition, bye, bye, Abu.

  • rate this
    -1

    Comment number 319.

    Looks like he's getting what he deserves, but is it justice. I guess that question's been answered (the judiciary has fallen in line) but now we have the problem of "carte blanche" extraditions to the US's "extra-judicial system". Where I expect Mr Hamza will rot without trial or at the very best, receive an unfair one. Ie if we had no evidence to lock him up, why do the Americans?

  • rate this
    +4

    Comment number 318.

    Great news, but it hasen't happened yet, celebrate once they are on the plane.

  • rate this
    +2

    Comment number 317.

    I can't understand why Cameron and Co couldn't kick him out when they had the chance. Funny how when the US want him they can have him. What about the Human Rights of the British people?

  • rate this
    0

    Comment number 316.

    Breaking news.BBC are getting out the big guns on tv trying to say what a travesty this is,thank god people are at last realising they dont talk for the silent majority.

  • rate this
    +1

    Comment number 315.

    Sadly its as if we learnt nothing from the 30 years of violence in Northern Ireland. This decision does not make us safer; it just aids the terrorist recruiter. We failed to prosecute these men in this country, because there was no evidence. So why are so many so happy asthere will be no fair trial. Would they be so gleeful if they were being extradited.

 

Page 60 of 76

 

More UK stories

RSS

Features

BBC © 2014 The BBC is not responsible for the content of external sites. Read more.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.