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Extradition Q & A relating to Babar Ahmad's case

When was Babar Ahmad first arrested?

Babar Ahmad was first arrested on 02 December 2003, after he was brutally assaulted and his religion was mocked by Anti-terrorist Police officers. For three days his house and his parent's house were searched from top to bottom.

He was held in custody for six days following his arrest and then released WITHOUT charge. To date the arresting Police officers have NOT been suspended or charged with brutally assaulting Babar.

Why was Babar Ahmad re-arrrested?

On 05 August 2004, Babar Ahmad was re-arrested on his way home from work. The reason for the arrest was on an Extradition warrant from the US. The American authorities want to begin criminal proceedings against him on terrorism-related matters. To do that, they have to request his extradition from the UK, which involves arresting him.

When did the new Extradition Act 2003 come about?

On the 31st March 2003, David Blunkett signed an Extradition Treaty on behalf of the UK with the US. The UK parliament was not consulted at all and the text was not publicly available until the end of May.

The main effect of the UK-US Treaty is that it removes the requirement on the US to provide prima facie evidence when requesting the extradition of people from the UK. However, the new Act sill maintains the requirement on the UK to satisfy the "probable cause" requirement in the US when seeking the extradition of US nationals. More information about the new Extradition Act 2003 and its implications can be found at:

http://www.statewatch.org/news/2003/jul/25ukus.htm

What happens now?

The details of the extradition request - essentially the allegations against him - were put before him at an initial hearing. That took place at Bow Street Magistrates Court in Central London on 06 August 2004. Babar Ahmad, on his initial court hearing, denied wanting to go to the United States voluntarily. The main extradition hearing will now take place in mid November 2004.

What are the charges?

He faces four charges carrying sentences of between 10 years and life imprisonment, relating to alleged offences between 1998 and 2003.

The US claims that Babar Ahmad tried to solicit support for "acts of terrorism" in Chechnya and Afghanistan using websites and emails.

It is also alleged that he had email contact with a US Naval serviceman on board a US Naval ship.

What will happen to Babar Ahmad in the meantime?

The District Judge remanded Babar in custody at HMP Woodhill, Milton Keynes until the main extradition hearing, which is due to begin in mid November 2004. Lawyers acting on behalf of Babar Ahmad put forward a bail application, but it was refused on the grounds that he could commit further offences.

Normally if the matters are terrorism-related it is highly unusual for suspects to be allowed out on bail.

How long is this whole extradition process likely to take?

The full extradition hearing will probably take place in mid November 2004. If the judge decides that all of the conditions for extradition have been met then they will send the case to the Home Secretary who decides whether or not to order the extradition.

That decision has to be taken within another two months. Babar Ahmad then has the right to appeal and that process could take another two to three months if not longer.