The European Court of Human Rights has refused the request of Mustafa Kamal Mustafa (Abu Hamza) and four others to refer their extradition appeal to its Grand Chamber for another hearing. This means that their case, which was decided in the Government’s favour in April (see our post) is now final. There are therefore no remaining barriers to their extradition to the United States to face terrorism charges.
But why has it taken so long to decide the case? The men argued that if extradited there was a real risk that their article 3 (torture and inhumane treatment) rights would be contravened by being held at a ‘Super-max’ prison and by having to face extremely long sentences. The extradition requests were made by the United States in July 1999 (Adel Bary), May 2004 (Abu Hamza) March 2005 (Barbar Ahmad), August 2005 (Haroon Rashid Aswat) and September 2006 (Syed Tahla Ahsan). In other words, a long time ago.
BABAR AHMAD AND OTHERS v. THE UNITED KINGDOM – 24027/07  ECHR 609 – Read judgment / press release
The European Court of Human Rights (Fourth Section), sitting as a Chamber, has found that five men accused of serious terrorist activities can be extradited from the UK to the US to face trial.
They had argued that their article 3 rights (article 3 prohibits torture, inhuman and degrading treatment) would be violated if they were extradited and convicted. A sixth man’s case has been adjourned pending further submissions from the parties to the proceedings.
British Broadcasting Corporation (BBC) & Anor, R (on the application of) v Ahmad (Rev 1)  EWHC 13 (Admin) – Read judgment
The High Court ruled that the Justice Secretary’s refusal to grant the BBC permission to have and to broadcast a face-to-face interview with terrorism suspect Babar Ahmad was unlawful.
The BBC and one of its home affairs correspondents, Dominic Casciani, had applied for permission to conduct the interview with Mr Ahmad, who is currently detained at HMP Long Lartin, and is fighting extradition to the USA. The BBC also wished to broadcast the interview. The Justice Secretary refused the permission, which refusal the BBC challenged in a judicial review claim.