Euro judges halt Abu Hamza extradition
By John Kelly 9/07/2010
Jail term 'could infringe' human rights
Radical cleric Abu Hamza has avoided extradition to America because he might get a tough sentence for terror crimes.
Us counter-terrorism bosses believe the fanatic tried to set up a training camp for extremists in Oregon and warned he would face a long sentence if found guilty.
He is currently serving seven years in the UK for soliciting to murder and racial hatred.
But the European Court of Human Rights yesterday rejected the first application for his extradition.
Judges made the ruling because he faces possible life imprisonment without parole in the US and may be put in solitary confinement.
He appealed on the grounds this treatment and potential punishment may constitute "torture and inhuman or degrading treatment", which are prohibited by Article 3 of the Euro-pean Convention of Human Rights. The Government has now been told it must submit observations to the Strasbourg court detailing why the extradition should go ahead.
Abu Hamza and three other men - Babar Ahmad, Syed Ahsan and Haroon Rashid Aswat - are wanted by the Americans for either alleged involvement in the training camp or fund-raising for terrorism.
Last night Home Secretary Theresa May said the four would remain in custody until the European Court made a final ruling on their cases.
Lawyer Gareth Peirce, representing Ahmad, said: "This decision is an extremely important commentary on practices that in America are taken for granted and used across the board, including the use of extreme solitary confinement.
"The case raises the most serious of questions about UK extradition to America - issues such as life without parole, solitary confinement and the death penalty."
In each case, the US had indicated the men face long terms in a "supermax prison" in Colorado known as ADX Florence. All argued the sentences they faced and the jail conditions breached human rights.
Egyptian-born Abu Hamza is wanted in the US in connection with 11 charges related to taking 16 hostages in Yemen in 1998, promoting violence in Afghanistan in 2001 and conspiring to set up a jihad training camp. Aswat is accused of conspiring with the cleric to establish the camp.
Ahmad and Ahsan are accused of providing support to terrorists and conspiracy to kill or maim.
Read Raja Petra's latest posting based on the above article:
Us counter-terrorism bosses believe the fanatic tried to set up a training camp for extremists in Oregon and warned he would face a long sentence if found guilty.
He is currently serving seven years in the UK for soliciting to murder and racial hatred.
But the European Court of Human Rights yesterday rejected the first application for his extradition.
Judges made the ruling because he faces possible life imprisonment without parole in the US and may be put in solitary confinement.
He appealed on the grounds this treatment and potential punishment may constitute "torture and inhuman or degrading treatment", which are prohibited by Article 3 of the Euro-pean Convention of Human Rights. The Government has now been told it must submit observations to the Strasbourg court detailing why the extradition should go ahead.
Abu Hamza and three other men - Babar Ahmad, Syed Ahsan and Haroon Rashid Aswat - are wanted by the Americans for either alleged involvement in the training camp or fund-raising for terrorism.
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Lawyer Gareth Peirce, representing Ahmad, said: "This decision is an extremely important commentary on practices that in America are taken for granted and used across the board, including the use of extreme solitary confinement.
"The case raises the most serious of questions about UK extradition to America - issues such as life without parole, solitary confinement and the death penalty."
In each case, the US had indicated the men face long terms in a "supermax prison" in Colorado known as ADX Florence. All argued the sentences they faced and the jail conditions breached human rights.
Egyptian-born Abu Hamza is wanted in the US in connection with 11 charges related to taking 16 hostages in Yemen in 1998, promoting violence in Afghanistan in 2001 and conspiring to set up a jihad training camp. Aswat is accused of conspiring with the cleric to establish the camp.
Ahmad and Ahsan are accused of providing support to terrorists and conspiracy to kill or maim.
Read Raja Petra's latest posting based on the above article:
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