Abu Hamza Extradition: Terror Suspects Can Be Sent To US For Trial

Huffington Post UK/PA  |  Posted: 10/04/2012 09:13 Updated: 10/04/2012 11:08

Hamza
Radical preacher Abu Hamza

Radical preacher Abu Hamza can be extradited to the United States to face terror charges, a European court has ruled.

The unanimous ruling by the European Court of Human Rights said five British suspects, including Hamza, would not be subject to "ill-treatment" in America.

Hamza is wanted in America 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, America.

Also among those facing extradition alongside him is Babar Ahmad, a 36-year-old computer expert who has been in a UK prison without trial for nearly eight years. He has been refused bail since his arrest in August 2004 on a US extradition warrant.

COMMENT: Discuss The Extradition Decision In Our Comments

MORE DETAILS: Read Longer Extracts From Today's Judgement

PROFILE: 'From Heavy Drinking Soho Bouncer To Radical Islamic Cleric'

The three other British nationals who lost their appeals were Seyla Talha Ahsan, Adel Abdul Bary and Khaled Al-Fawwaz.

The five men could now appeal to the Grand Chamber at The European Court of Human Rights, it is believed - but few cases are ever heard in that forum, the BBC said.

The European court adjourned its decision on another suspect, Haroon Rashid Aswat, pending consideration of further complaints lodged by him.

Aswat's case was adjourned "as it required further submissions... on the relevance of his schizophrenia and detention at Broadmoor Hospital to his complaint concerning detention at ADX".

Speaking in Japan, Prime Minister David Cameron said he was "very pleased" by the decision made in Strasbourg:

"I'm very pleased with the news. It is quite right to have a proper legal process although sometimes one can get frustrated with how long they take.

"I think deportation and extradition arrangements work promptly and properly particularly when people are accused of very serious crimes."

Home Secretary Theresa May said she welcomed the decision to allow the extradition and said the suspects would be sent to the US "as quickly as possible".

In five of the six cases, the court found that extradition would not breach their human rights and, in the remaining case, it asked for further information before taking a final decision.

Tuesday's verdict declared that "detention conditions and length of sentences of five alleged terrorists would not amount to ill-treatment if they were extradited to the USA".

The human rights judges emphasised that today's ruling only becomes final after three months, if there has been no further appeal.

Meanwhile, the judges said, "the court decided to continue its indication to the United Kingdom Government that the applicants should not be extradited until this judgment became final or until the case was referred to the Grand Chamber (of the Human Rights court)".

Above: Ashfaq Babar, the father of terror suspect Babar Ahmad.


The family of Babar Ahmad said they were "very disappointed" with the ruling.

Speaking at their home Babar's father Ashfaq said that his son would continue to fight to stand trial in the UK, and that they understood he had three months to appeal.

He said that the situation needed to be "immediately rectified by putting Babar on trial in the UK".

"The fundamental question remains as to why this matter has even got to Strasbourg, and why Babar needs to be extradited to the US," he said. "There has been a serious abuse of process."

The ruling was given a cautious welcome by former Liberal Democrat leader Sir Menzies Campbell, who said it would be important to study the detailed judgment.

"This decision will do a great deal to restore the reputation of the court but we must be cautious in drawing unjustified conclusions," he said.

"The detail and reasoning of the judgment has to be carefully examined but perhaps now we can have a rational debate about the role and significance of the European Convention and its fundamental importance to a democratic society like our own."

Above: radical preacher Abu Hamza


All six suspects have been indicted on various charges of alleged terrorism in America and argue that, if extradited and convicted in America, their conditions of detention if held at one of the country's so-called "supermax" prisons would amount to ill-treatment under Article 3 of the Human Rights code.

The European Court of Human Rights halted extradition proceedings in July 2010, arguing it needed more time to consider whether the moved risked breaching the suspects' rights by exposing them to possible life imprisonment without parole and solitary confinement.

The 53-year-old Hamza, born in Alexandria, studied civil engineering and in 1984 he married a British woman, Valerie Fleming.

But throughout the 1980s, he slowly began to turn towards a fundamentalist interpretation of the Koran.

In February 2006, he was jailed in the UK for seven years for soliciting murder and inciting racial hatred.

He is being held in the maximum-security Belmarsh prison in Woolwich, south-east London.

The American authorities have described him as a "terrorist facilitator with a global reach". But before the US extradition request could be dealt with, Abu Hamza had been convicted in 2006 of terrorist-related charges in Britain.

Human Rights Extradition Row

The case of Hamza, described by the American authorities as a "terrorist facilitator with a global reach", was set to reignite the row over the role of the human rights court if today's verdict blocked extradition.

After a series of Strasbourg human rights rulings against the Government, ministers were certainly braced for another rebuff.

The fact that the judges backed the UK - and America - still leaves unfinished business, including an instruction from the human rights court to restore the right to vote to at least some prisoners in the UK.

And a controversial verdict in January blocking the deportation to Jordan of terror suspect Abu Qatada is still being challenged.

Last month Home Secretary Mrs May went to Jordan, seeking the formal assurances the human rights court is demanding that Qatada would not be tried using evidence which could have been obtained by torture.

She returned insisting that talks with the Jordanians had been "positive", but with nothing yet to offer the Strasbourg court.

European Court of Human Rights Judgement:

The judgment went on: "In particular, not all inmates convicted of international terrorism were housed at ADX and, even if they were, sufficient procedural safeguards were in place, such as holding a hearing before deciding on such a transfer.

"Furthermore, if the transfer process had been unsatisfactory, there was the possibility of bringing a claim to both the Federal Bureau of Prisons' administrative remedy programme and the US federal courts."

On the jail's "restrictive conditions and lack of human contact", the judges said: "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.

"Besides, ADX inmates - although confined to their cells for the vast majority of the time - were provided with services and activities (television, radio, newspapers, books, hobby and craft items, telephone calls, social visits, correspondence with families, group prayer) which went beyond what was provided in most prisons in Europe."

The judges acknowledged that, in America, Bary faced 269 mandatory sentences of life imprisonment without the possibility of parole, while Ahmad, Ahsan, Hamza and Al-Fawwaz faced "discretionary" life sentences.
The judges declared: "Having regard to the seriousness of the offences in question, the court did not consider that these sentences were grossly disproportionate or amounted to inhuman or degrading treatment. There would therefore be no violation of Article 3 in the case of any of these five applicants if they were extradited, convicted and given life sentences."

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Hamza, the controversial preacher, came to the UK in the 1980s to study, before marrying his now ex-wife, Valerie Fleming.
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22:48 on 11/04/2012
can we take a leaf from the french book, all unwelcome people stored at ports and sent back,sorry we are full.
22:39 on 11/04/2012
as an oap and english,please give me and my wife ,also english ,worked and paid all our lives,half of what this thing and tribe are getting,send them to their home countries and save half the cost simples!
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gimmeanamethen
saying it like it is
12:00 on 11/04/2012
huffy why are you deleting my posts? are you looking after hamza's feelings?
03:45 on 11/04/2012
I don't really know what any of these people are accused of.. but one thing stuck out in that story for me.

8 years.. in a British prison. Without trial.

To me, that means he hasn't been found guilty of anything in a court. Why hasn't the guy been tried sooner????????
06:53 on 11/04/2012
Stange how you dont mention this "filthy" pigs intended victims, or indeed victims! I dont care of terrorsist dont get a trial, they dont even deserve to have a life!
02:02 on 11/04/2012
This is Britain he's not gone yet so lets not count our chickens
03:07 on 11/04/2012
His defence will be full of technical jargon and he will get a stay that will go on and on.TOO damn soft this country
01:28 on 11/04/2012
The idea of Human Rights is that a basic level of humanity should be afforded to every human being regardless of who they are or what they have done. Human Rights are a reflection of the values held by a civilisation not the inhuman, fanatical and hate filled rantings of fundimentalist bigots, murders and criminals. I use the word Civilisation because the rule of law and the agreement in basic shared values of what is right and wrong are the foundations of any Society that wishes to act in a civilised. It is easier to rant than to think, our laws define us, unfiortunately there are those who cannot understand that their attitude defines them as little more than ignorant peasants.
01:18 on 11/04/2012
Wonderful News,about time too!
01:15 on 11/04/2012
Umm, Just one thing that puzzles me, how are hey gonna handcuff him?
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gimmeanamethen
saying it like it is
11:58 on 11/04/2012
hang him from the wings of the plane by his hooks hopefully
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HUFFPOST SUPER USER
NJP1
12:01 on 11/04/2012
hey--I was thinkin that too
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HUFFPOST SUPER USER
PhilEssex
Statistically, 6 out of 7 dwarves are not happy.
01:12 on 11/04/2012
At long last we're getting rid of him and not before time, good riddens to him. If we held open air speeches, saying death to all muslims, we'd all of been judged and locked up long ago.
00:51 on 11/04/2012
Finally the dogooders sitting in the European Court of Human Rights finally agree on the correct verdict. Funny how these terrorists who dont want to live by the laws of the land in the UK and trade their evil rhetoric preaching suddenly start screaming like the useless low life they about their human rights. Sorry but you want to preach hatred and live the laws of another country then go and live there. Maybe the UK will also stop being a soft touch and get rid of these people and their families too who normally are all sponging off the state at the cost of those tax payers that they hate. Perhaps moving them back to the country they come from or if born here the country whose ideologies they support will help them realise how easy they had it here. Suddenly the Australian Prime Ministers recent comments sound too good and Mr Cameron and Co should perhaps follow her lead and grow a pair!
00:20 on 11/04/2012
Rule Britannia? No Rule America. Our Government, Camorron and Theresa May have nothing to be proud of, they have faffed around with this for years and will no doubt continue to do so for a long time yet, now the EU fearing resentment of their goal of ultimately ruling Britain has thrown us a crust by allowing our lilly livered government the "permission" to throw out half a dozen suspected criminals, but don't expect that to happen any time soon.
If and when they do go it is comforting to know they WILL spend the rest of their lives locked up under American justice. Enjoy! and i hope their families will be loyal to them and upsticks and emigrate to be near them.............. Yeah right that'll happen!!
23:41 on 10/04/2012
That guy is like the real life version of a comic book villain. A HOOK HAND?!?!
HUFFPOST SUPER USER
songster
75 %plus 10
00:22 on 11/04/2012
Dex, so he`ll be let off the hook? hehe get rid of him and his hangers on
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HUFFPOST SUPER USER
PhilEssex
Statistically, 6 out of 7 dwarves are not happy.
01:17 on 11/04/2012
Arrrrrrr Jim lad, splice the main brace lol.
23:30 on 10/04/2012
We gave up an elderly businessman and a schoolboy to the Americans without a second glance but for 5 or 6 persons with known terroist inclinations it takes years and years, millions of pounds of taxpayers money and years of grovelling to the European Court to let them go
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23:51 on 10/04/2012
INSANITY is the rule of the land?
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HUFFPOST SUPER USER
PhilEssex
Statistically, 6 out of 7 dwarves are not happy.
01:18 on 11/04/2012
It is in our land sadly, thanks to European Courts.
22:46 on 10/04/2012
To Mr Hamza, you should have brought your son up in a more respectable manner.
22:43 on 10/04/2012
C/om huff publish my comments.
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gimmeanamethen
saying it like it is
11:02 on 11/04/2012
no! now go stand in the corner in a huff..... in a huff! get it?

i'll get my coat lol