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Abu Hamza loses last-ditch extradition appeal Abu Hamza loses last-ditch extradition appeal
(about 9 hours later)
The high court has finally cleared the way for the immediate extradition of the radical cleric Abu Hamza and four other terrorist suspects to the United States. The high court has cleared the way for the immediate extradition of the radical cleric Abu Hamza and four other terrorist suspects to the US.
After three days of legal argument, Sir John Thomas, president of the Queen's Bench division, and Mr Justice Ouseley lifted injunctions that had been preventing their removal.After three days of legal argument, Sir John Thomas, president of the Queen's Bench division, and Mr Justice Ouseley lifted injunctions that had been preventing their removal.
The decision is the culmination of an eight-year legal battle that has strained the government's constitutional relationship with the European court of human rights in Strasbourg and frustrated politicians, as well as the Lord Chief Justice. The decision is the culmination of an eight-year legal battle that has strained the government's constitutional relationship with the European court of human rights in Strasbourg and frustrated politicians, as well as the lord chief justice.
The cases of Abu Hamza, Babar Ahmad, Syed Talha Ahsan, Khaled al-Fawwaz and Adel Abdul Bary have involved appeals up through the hierarchy of British and European courts then back to the royal courts of justice in London. The cases of Abu Hamza, Babar Ahmad, Syed Talha Ahsan, Khaled al-Fawwaz and Adel Abdul Bary have involved appeals through the hierarchy of British and European courts then back to the royal courts of justice in London.
Delivering judgment, Sir John Thomas said: "All of these claimants have long ago exhausted the [legal] procedures in the UK. There's an overwhelming public interest in the proper functioning of the extradition arrangements in the US. It's important to recognise the finality of these proceedings."
Sir John said that extradition proceedings should take months not years and the process had been "disfigured" by protracted delays. "There's no appeal from our decision and the home secretary will be free" to extradite them, he added.
Sir John was scathing about the attempt to try and bring a private prosecution against Babar Ahmad and Talha Ahsan in Britain. "It's now far, far, far too late to raise it now," he said. The use of such a procedure amounted to an "abuse of process".
Sir John Thomas also suggested that reform of extradition procedures in future to stop them dragging on for so long. He said: "There may well be a need to reconsider the inter-relationship of the statutory appeal scheme, the ability to reopen appeals and the role of judicial review."
The US wants all five men to face al-Qaida-related terrorist charges in American courts.The US wants all five men to face al-Qaida-related terrorist charges in American courts.
The Home Office reacted immediately to the decision by tweeting: "We welcome the high court decision on Abu Hamza & others. We are now working to extradite these men as quickly as possible."The Home Office reacted immediately to the decision by tweeting: "We welcome the high court decision on Abu Hamza & others. We are now working to extradite these men as quickly as possible."
It is possible the men, who are at Long Lartin prison, near Evesham, could be on a plane within hours. Police vehicles, including armoured vans, arrived at HMP Long Lartin, near Evesham, in Worcestershire at around 6.30pm last night. After about an hour, the vehicles, understood to have Hamza and the other men inside, left the prison grounds. Under heavy security, they drove off at speed, thought to have been en route to an airport in the south of the UK where the men would be put on to fighter jets and flown to America.
Thomas said: "Their extradition to the USA may proceed immediately." The US embassy in London confirmed that the operation was under way: "These individuals are being transferred to the United States." It is expected that officers from the Metropolitan police extradition unit will take them from Long Lartin prison to an as yet unnamed air base and hand them over to US marshalls. They will be taken to the US under the "aliens transportation system", which is popularly known as 'Con-air'.
Abu Hamza, 54, who was jailed for seven years for soliciting to murder and inciting racial hatred, has been fighting extradition since 2004. His lawyers opposed deportation on the grounds that he was suffering memory loss and depression and was unfit to plead. They sought permission for the former imam at Finsbury Park mosque in north London to be given an MRI scan to assess his medical condition. Four of the five men had claimed that harsh prison conditions in the high security unit at the US jail, ADX Florence in Colorado, where they may eventually be imprisoned would breach their human rights. Abu Hamza, it was said, would not have to spend too long at the facility because of hid many medical conditions.
Abu Hamza, 54, who was jailed for seven years for soliciting murder and inciting racial hatred, has been fighting extradition since 2004. His lawyers opposed deportation on the grounds that he was suffering memory loss and depression and was unfit to plead. They sought permission for the former imam at Finsbury Park mosque in north London to be given an MRI scan to assess his medical condition.
Ahmad, 37, a computer expert, and Ahsan, 33, are accused of raising funds for terrorism through a website. Lawyers for the two men challenged the director of public prosecution's decision not to charge them with offences allegedly committed in the UK.Ahmad, 37, a computer expert, and Ahsan, 33, are accused of raising funds for terrorism through a website. Lawyers for the two men challenged the director of public prosecution's decision not to charge them with offences allegedly committed in the UK.
Fawwaz, alleged to have been an aide to Osama bin Laden in the 1990s, was seeking disclosure of an 800-page MI6 document relating to the debriefing of another suspect which, his lawyers maintain, would undermine the charges against him. Fawwaz, who is alleged to have been an aide to Osama bin Laden in the 1990s, was seeking disclosure of an 800-page MI6 document relating to the debriefing of another suspect which, his lawyers maintain, would undermine the charges against him.
Bary, 52, is also said to have worked closely with Bin Laden. In court, his barrister argued that conditions in American high-security jails would breach his rights under the European convention of human rights — a claim already dismissed by the Strasbourg court. Bary, 52, is also said to have worked closely with Bin Laden. In court, his barrister argued that conditions in American high-security jails would breach his rights under the European convention on human rights – a claim already dismissed by the Strasbourg court.
Both Bary and Fawwaz are wanted in relation to the bombings of US embassies in east Africa in 1998.Both Bary and Fawwaz are wanted in relation to the bombings of US embassies in east Africa in 1998.
Protesters opposing deportation and supporting Ahmad and Ahsan gathered outside the royal courts of justice.Protesters opposing deportation and supporting Ahmad and Ahsan gathered outside the royal courts of justice.
Lines of police officers watched as they chanted: "British justice for British citizens", and waved "Stop extradition" placards. A few wore union flag T-shirts emblazoned with the motto: "Extradite me, I'm British". Lines of police officers watched as protesters chanted: "British justice for British citizens", and waved "Stop extradition" placards. A few wore union flag T-shirts emblazoned with the motto: "Extradite me, I'm British".
The US embassy in London welcomed the court's decision and noted that they had submitted the first extradition request 14 years ago: "These extraditions mark the end of a lengthy process of litigation through the UK courts and the European court of human rights." Its statement particularly highlighted the Strasbourg court's finding that conditions in American maximum security facilities did not violate European standards.
Babar Ahmad stated: "Today I have lost my 8 year and 2 month battle against extradition to the US. I would like to thank all those over the years who supported me and my family: lawyers, politicians, journalists and members of the public from all walks of life."
"By exposing the fallacy of the UK's extradition arrangements with the US, I leave with my head held high having won the moral victory."
Ashfaq Ahmad, father of Babar Ahmad, stated: "After over 40 years of paying taxes in this country, I am appalled that the system has let me down in a manner more befitting of a third world country than one of the world's oldest democracies."
"It seems that the Metropolitan police, the CPS and even the court have all colluded to implement a pre-determined decision which was made in Washington."
"We will never abandon our struggle for justice and the truth will eventually emerge of what will be forever remembered as a shameful chapter in the history of Britain."