Court Rules Hamza Can Be Extradited To US

Radical preacher Abu Hamza can be extradited to the United States to face terrorism charges, the European Court of Human Rights has ruled.

The court decided there would not be a violation of the European human rights code, which prohibits inhuman and degrading treatment, if Hamza is sent to America.

In total, the judges ruled five of six extradition cases - all concerning alleged international terrorists - to the US can go ahead.

As well as the preacher, the four other cases are Babar Ahmad, Haroon Rashid Aswat, Syed Tahla Ahsan and Adel Abdul Bary.

Judges rejected the men's claims they could face prison conditions and jail terms that would expose them to "torture or inhuman or degrading treatment or punishment".

The ruling is a boost for the Government, although the court stressed it only becomes final after three months, if there is no further appeal.

Home Secretary Theresa May welcomed the decision and said the suspects would be handed over "as quickly as possible".

Prime Minister David Cameron also hailed the ruling, saying: "I am very pleased with the news. It is quite right that we have proper legal processes, although sometimes one can get frustrated with how long they take."

The case of a sixth man, Khaled al Fawwaz, was adjourned because further submissions are needed about his schizophrenia and detention at Broadmoor Hospital.

Between 1999 and 2006, the six men were all indicted on terrorism charges by the US and their extradition requested - leading to their arrests in Britain.

Ahmad and Ahsan are accused of various offences, including supporting terrorists and conspiracy to kill and maim.

Hamza, who is already serving a seven-year sentence in Britain for soliciting to murder and inciting racial hatred, was charged with 11 offences relating to the kidnap of hostages in Yemen in 1998, promoting violent jihad in Afghanistan and conspiring to set up a jihad training camp in Oregon.

Aswat was indicted as Hamza's conspirator in the latter charges.

Meanwhile, Bary and al Fawwaz were indicted over their alleged involvement in or support of the bombing of US embassies in Nairobi and Dar es Salaam in 1998.

They launched a battle to block extradition in the European Court of Human Rights (ECHR) in Strasbourg after attempts to do so in the English courts failed.

Arguments that the move would expose the suspects to the risk of the death penalty or extraordinary rendition or lead to a denial of justice were rejected in 2010.

Now their remaining claims about possible detention in a so-called supermax prison, ADX Florence, and the length of potential sentences have also been dismissed.

The decision comes months after the UK was refused permission to deport Abu Qatada to Jordan, where he is wanted on terrorism charges, without assurances evidence gained through torture would not be used at his trial.

Ahmad's father Ashfaq told Sky News his family were "very disappointed" by the decision and insisted his son - who has already been held for eight years without trial - should be tried in the UK.

"Babar is a British citizen accused of a crime said to have been committed in the UK and all the evidence against him was gathered in this country," he said.

"Nevertheless, British justice seems to have been sub-contracted to the US. This should be immediately rectified by putting Babar on trial in the UK and ordering a full public inquiry into the matter."

Extradition to the US has become a controversial issue after a series of high-profile cases, including that of Gary McKinnon who is still waiting to hear whether he will be sent there to face claims he hacked into US military computers.

Retired businessman Christopher Tappin is currently in jail in New Mexico after being extradited to face trial on arms dealing charges earlier this year.

Last month, the Home Secretary authorised the extradition of Richard O'Dwyer, 23, who is accused of infringing copyrights laws via his website.

Critics claim the extradition treaty, which was agreed after the September 11 terror attacks in New York, needs to be rebalanced to give Britons greater protection.





http://news.sky.com/home/uk-news/article/16205641

What a shambles!!!! Now it has transpired there is a mix up in the dates, the Home Office says it was Monday 30th Hamza's Lawyers say 31st so
the case has been referred to the European Court Again. Theresa May says her Office got the date right, if she is wrong Hamza stays in the U.K. and
can sue for wrongful arrest.

This has angered the Tory Party that once again Britain's Justice system is unable to act, this case has been ongoing for 8 yrs and more Politicians
are prepared to withdraw from the EU Judicial Court.

Panda wrote:
What a shambles!!!! Now it has transpired there is a mix up in the dates, the Home Office says it was Monday 30th Hamza's Lawyers say 31st so
the case has been referred to the European Court Again. Theresa May says her Office got the date right, if she is wrong Hamza stays in the U.K. and
can sue for wrongful arrest.

This has angered the Tory Party that once again Britain's Justice system is unable to act, this case has been ongoing for 8 yrs and more Politicians
are prepared to withdraw from the EU Judicial Court.

Woops! Commented on the wrong person! So many of them!

AnnaEsse, this guy is the one supposed to be extradited to Jordan....his name is Abu Hamza as well,

Panda wrote:

AnnaEsse, this guy is the one supposed to be extradited to Jordan....his name is Abu Hamza as well,

The one to be extradited to Jordan is Abu Qatada and the dispute, I think, is that the HO says the deadline was April 16th and Qatada's lawyers lodged the appeal on 17th, asserting that that was the deadline.

Why don't they stop buggaring around and extradite the whole lot of them. There are, apparently, hundreds of people who should have been deported but have disappeared into the ether. Get hold of those you can and ship 'em off. Whilst Theresa May is doing that, Cameron can do what he said he was going to do ( once he was elected into office) and get rid of the Human Rights Act, the worse piece of legislation ever to grace the shores of the UK and all thanks to Mrs Blair , wife of the then Prime Minister (to coin a phrase and close buddy of Kate McCann).

IS IT HAMZA OR QATADA WE ARE TALKING ABOUT,I AM CONFUSED,TAKE ME BY THE HAND AND EXPLAIN LETTER BY LETTER WHO,WHAT AND WHERE.

Badboy wrote:IS IT HAMZA OR QATADA WE ARE TALKING ABOUT,I AM CONFUSED,TAKE ME BY THE HAND AND EXPLAIN LETTER BY LETTER WHO,WHAT AND WHERE.

I think we are now talking about both!

ITS HAMZA TO USA(SETTING UP TERRORIST CAMP IN OREGON/KIDNAPPING IN YEMEN,METHINKS)
ABU QATADA SUPPOSEDLY TO JORDAN FOR TERRORISM
WASN'T THERE A BABAR MOHAMMMED?
OTHER MILITANTS POSSIBLY.
ALL GETS CONFUSING,GIVE ME A LIST OF 100 AND IT MIGHT TAKE A FEW YEARS TO WORK OUT WHO'S WHOM

Badboy wrote:ITS HAMZA TO USA(SETTING UP TERRORIST CAMP IN OREGON/KIDNAPPING IN YEMEN,METHINKS)
ABU QATADA SUPPOSEDLY TO JORDAN FOR TERRORISM
WASN'T THERE A BABAR MOHAMMMED?
OTHER MILITANTS POSSIBLY.
ALL GETS CONFUSING,GIVE ME A LIST OF 100 AND IT MIGHT TAKE A FEW YEARS TO WORK OUT WHO'S WHOM

There are so many of them! Hamza was living in a house in a rather expensive area with his family, who still live there. Right next door is John Hutton, ex Labour Minister, which tells you what kind of area it is. Hamza's rent was/is paid for by the State and he had a 'people carrier,' on Motability.

ON NEWS ABU QATADA HAS BEEN CALLED A SCUMBAG IN THE HOUSE OF COMMONS
IT IS UNCLEAR IF AQ CAN APPEAL.
ALL CONFUSING TO ME.

Badboy wrote:ON NEWS ABU QATADA HAS BEEN CALLED A SCUMBAG IN THE HOUSE OF COMMONS
IT IS UNCLEAR IF AQ CAN APPEAL.
ALL CONFUSING TO ME.

Badboy, the Court of Human Rights in Europe ruled that Abu should be deported to Jordan once the U.K. had received confirmation from Jordan that he
would not be tortured and gave 3 months for this to be cleared up.

Theresa May confirmed Jordan had accepted the condition and the deadline for Qatada to appeal was Monday night , this passed and there was no
appeal by Qatada's Lawyer so he was arrested. His Lawyer then claimed that the Tuesday night was the correct 3 months. Theresa May is adamant she got it right and even phoned the EC Court to ensure Monday was the date , but apparently Abu's Lawyer is basing Tuesday Night being 3 months from the DAY AFTER the ruling which makes Tuesday right. Abu can now sue the Government for damages and the Conservatives are in uproar and
DEMANDING that Britain leaves the EC Judicial system and Theresa May's job is on the line.

4:36am UK, Friday April 20, 2012

The Home Secretary's promise to keep radical cleric Abu Qatada in prison until he is deported has been thrown into doubt.
Theresa May has insisted that the application by the radical cleric's lawyers to prevent him being sent to Jordan should be thrown out by the European Court of Human Rights (ECHR) because it missed a three-month appeal deadline.

However, Labour has released advice from the research department of the Council of Europe - which is responsible for the court - suggesting it may have just beaten the deadline.

But the confusion over the appeal could lead to Qatada - once described by a judge as Osama bin Laden's right-hand man in Europe - being back on British streets in just a fortnight.

Mr Justice Mitting, the British special immigration appeals commission judge, returned Qatada to jail this week after a rapidly convened court hearing found deportation was imminent and the chance of Qatada trying to abscond had increased.

But in his written judgment he said if it is "obvious" in two or three weeks that deportation is "not imminent" he will reconsider bail.


Ultimately we will have to wait to hear from the European Court, whose decision is expected soon.

Sky's Niall Paterson on what a difference a day makes
The revelation came as the Government faced further embarrassment over the case when a note, sent to the House of Commons Library, emerged that appeared to back
the Qatada team's appeal timings.

It was signed by Nathalie Chene of Secretariat of the Committee of Ministers Council of Europe.

It stresses that the final decision on whether the appeal is admissible now rests with a panel of five judges from the court's Grand Chamber.

"The Othman (Qatada) case was supposed to become final on 17/04/2012 and,according to the information provided by the European Court, the applicant requested a referral to the Grand Chamber on the 17/04," the note said.

"So I would say that it just in time but of course the Court (panel) may decide otherwise."

Earlier, in the Commons, Mrs May was adamant that the appeal deadline had passed 24 hours earlier at midnight on Monday - April 16.



Theresa May says she will resist an application to release Qatada

"The Government is clear that Abu Qatada has no right to refer the case to the Grand Chamber of the European Court of Human Rights, since the three-month deadline to do so lapsed at midnight on Monday," she said.

"The Government has written to the European Court to make clear our case that the application should be rejected because it is out of time."

On Tuesday, Mrs May announced Qatada had been rearrested and deportation proceedings resumed in the absence of any appeal against the court's ruling - issued on January 17 - that he would not face torture if he was deported to stand trial on terrorism charges in his native Jordan.

However that night at 11pm local time Qatada's lawyers lodged their appeal with the ECHR.

In the Commons Mrs May accused the lawyers of using "delaying tactics" to hold up the deportation process.

Shadow home secretary Yvette Cooper called for Mrs May to "get a grip" on the "farcical" situation.

"I think this has been farcical, this week - it's been completely chaotic," she said on BBC One's Question Time.

"We all want to see Abu Qatada deported to Jordan as soon as possible within the rule of law, and I think he should be kept in custody in the meantime."

The radical cleric says he will voluntarily go back to Jordan if a no torture treaty is ratified as his bid for bail is adjourned.

12:15pm UK, Sunday 12 May 2013




Video: Qatada was jailed in March for alleged bail breaches
Enlarge


Home Secretary Theresa May tells Sky News' Murnaghan programme the UK is closer to deporting radical cleric Abu Qatada to Jordan, but won't be drawn on a date.

Video: May: UK Closer To Deporting Qatada
Enlarge

• [email=?subject=Shared from Sky News:]Email[/email]
  Abu Qatada has agreed to voluntarily return to Jordan if the country's parliament ratifies a treaty with the UK guaranteeing that he will not be tortured.
  

His co-operation was announced by his barrister, Edward Fitzgerald QC, at the beginning of an immigration tribunal to decide whether Qatada could be released from prison.
But his application for bail was later adjourned until May 20, meaning he will remain in custody until then.
The Government has been trying to deport the radical cleric to Jordan, where he was convicted of terror charges in his absence in 1999, for nearly eight years.
Home Secretary Theresa May told Sky News that the Government was "closer" to deporting him but "there are steps to be taken still".
Immigration judges decided last year that Qatada, also known as Omar Othman, could not be deported over fears that evidence obtained through torture would be used against him in the Middle Eastern country.
Last month, the Home Secretary unveiled a new treaty between the UK and Jordan offering fresh guarantees that such torture evidence will not be used if he were to stand trial.
Ms May told Sky: "We have to ratify the treaty in both parliaments. It's been tabled before the Westminster parliament and has to be ratified in a period of time by both houses of the UK parliament and indeed it has to be ratified by the Jordanian parliament as well.
"I think they have made it absolutely clear that they will be putting this particular treaty, or agreement as it is at the moment, through parliament."
Qatada's promise is a major victory for Theresa May and the UK Government
She added: "What I think it is right and proper for me to do and sensible for me to do is to carry on working for that ratification, but then when ratified by both parliaments, it will be open to me to issue a new deportation notice."
Mr Fitzgerald told the Special Immigration Appeals Commission (Siac) hearing: "If, and when, the Jordanian parliament ratifies the treaty, Mr Othman will voluntarily return to Jordan."
Sky News home affairs correspondent Mark White called it "a very significant development", that had come unexpectedly.
He said Ms May had said the Jordanian government would ratify the treaty but it was unclear how long it would take because Jordan is currently dealing with a huge humanitarian crisis caused by the civil war in neighbouring Syria.
"What may be a priority for the British Government isn't necessarily a top priority for the Jordanian government.
" ... It may still be some time off," he added.
The announcement will be seen as a victory for Ms May. A Home Office spokesperson said: "This case is still ongoing - and the Home Secretary remains determined to put Abu Qatada on a plane back to Jordan."
Shadow Home Secretary Yvette Cooper said: "This could be very good news if it means Abu Qatada returns to Jordan as soon as possible - as we all agree he should stand fair trial there so justice can be done.
"Abu Qatada should have made this decision a long time ago as this legal process has dragged on far too long. We will watch the next steps closely until he departs, but I hope this saga can now be brought to an end."
Qatada was ordered to return to Belmarsh prison in March after allegedly breaching his bail conditions.
Mr Fitzgerald QC said Qatada's vow to return removed any risk that he would abscond if released on bail.
He added: "There's never been a time in the last 12 years that Mr Othman and his family could safely return to Jordan.
" ... Why would he make himself lawless and subject to arrest when he has said that the right thing to do is to go back to Jordan once the assurances are given?"
It is understood that Qatada's bail hearing was delayed for 10 days because the Home Office had only received his application a week ago and further case papers as late as last night. The department believed it could not realistically launch a convincing argument for keeping the cleric in prison when it had not had a chance to study the claims being put forward.
Robin Tam QC, appearing for the Home Secretary, said the treaty would be laid before the Jordanian parliament in the next few weeks, while the UK side of the process should be completed by late June.
Mr Tam was asked to provide evidence of the process in the UK and in Jordan of bringing the treaty into force.

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hooray....at long last.!!!