header-logo header-logo

27 September 2012
Issue: 7531 / Categories: Legal News , Public , Human rights
printer mail-detail

Abu Hamza shown red card

Request for case to be re-opened rejected by Grand Chamber Panel

The Grand Chamber of the European Court of Human Rights has given the final all-clear to the extradition to the US of Abu Hamza, Babar Ahmad and three other terrorism suspects.

The five had appealed a unanimous ruling by the Court in April that their potential imprisonment in a US “supermax” prison would amount to “inhuman and degrading treatment” under Art 3 of the European Convention, in Babar Ahmad & Ors v UK (App Nos 24027/07, 11949/08, 36742/08, 66911/09 and 67354/09).

Their extradition was put on hold until the appeal was heard.

This week, however, the Grand Chamber Panel decided to reject the five men’s request that the case be re-opened. This means the Court’s judgment in April is final.

Roger Smith, director of human rights group Justice, said: “It’s the correct decision.

“It’s a good example of how the European Convention protects the outer posts of the constitution and leaves a whole range of decisions up to politicians and decision-makers.

“Some people might think Abu Hamza and Baber Ahmad should not be sent to the US because of the disproportionality of the sentences they might receive, but that’s a political argument – it’s not a human rights or a constitutional argument. So too, is the agreement with the US over extradition, which Justice has opposed.

“Abu Hamza generally gets no sympathy, but the Baber Ahmad case is more ambiguous and does attract sympathy, and we have the extradition case of [Pentagon hacker] Gary McKinnon to come. I think Ahmad should be charged and prosecuted in the UK.”

Smith said European Court of Human Rights cases such as this could be speeded up if the Court was given more funds.

“It is short of funding and has a massive backlog of about 100,000 cases. This means cases can go into a black hole.”

Hamza faces charges on 11 different counts in the US, related to the taking of 16 hostages in Yemen in 1998, advocating violent jihad in Afghanistan in 2001 and conspiring to establish a jihad training camp in Oregon, US between June 2000 and December 2001.

Ahmad, an IT specialist who allegedly promoted terrorism through a website, has been held without trial for eight years.

 

Issue: 7531 / Categories: Legal News , Public , Human rights
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll