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Fact Sheet: Babar Ahmad and Extradition Act 2003
UK Extradition Act 2003
1. The new Extradition Act 2003 was fast-tracked into UK legislation in 2003 without formal consultative parliamentary process, scrutiny or debate. David Blunkett fast tracked this extradition law.
2. It allows the UK to extradite any individual to the US (and other designated countries) WITHOUT the need for the US to provide prima facie evidence to support the extradition request. In other words, the accused DOES NOT have the right to challenge any evidence provided by the US in a British Court of Law.
For example, if the US seeks the extradition of 'A' to stand trial for a murder committed on, say 25 March 1998, in the US, the extradition will be approved as long as the US can provide some documentation alleging that it appears that 'A' committed a murder. 'A' does not have the right to challenge this 'evidence' before a British Judge, even if 'A' was in fact, on the date of the crime, admitted to a British hospital and has all the photographic evidence, medical records and doctors statements etc. to prove it.
3. The Extradition Act 2003 seriously erodes the judicial review for any individual sought by the US and allows the UK Government to approve these requests unilaterally, without allowing the individual to defend himself against any provided evidence in a UK Court of Law.
4. The U.K. is the only country in the E.U. to sign this treaty with the U.S. The rest of the E.U. Countries requested that they should also be allowed to extradite a U.S. Citizen if wanted by a E.U. Country, which the U.S. Refused. The net affect is that British Muslims who cannot be convicted here in the U.K. are extradited to the unjust U.S. for sentencing.
Case of Babar Ahmad (UK-born Citizen) vs. USA
1. Babar Ahmad was arrested in London on 02 December 2003 under the Terrorism Act 2000. He was brutally assaulted and tortured by British Anti-Terrorist Police whilst in custody, despite making no attempts to resist arrest. There is photographic evidence of the 50+ injuries that he sustained, some of which were life threatening such as bleeding in the ears and urine.
2. British Anti-Terrorist Police seized a large amount of material (computer and other) from Babar Ahmad's home and workplace.
3. Babar Ahmad was detained in custody at Charing Cross Police Station, during which he was denied proper medical treatment and Police doctors failed to keep legible records. After six days, he was released WITHOUT CHARGE, on 08 December 2003, as the Police found no evidence of any crime that he could be charged with.
4. Upon his release, Babar Ahmad filed a formal complaint against the Police and in subsequent months, the British authorities received a lot of negative publicity in the media over this incident. It was eroding community relations.
5. On 05 August 2004, Babar Ahmad was re-arrested on an extradition warrant from the USA, alleging that he solicited fundraising for rebels in Chechnya and Afghanistan using the internet, from 1998 to 2003, a period during which he was permanently resident in the UK and in full-time employment. His re-arrest came three days before a conference was due to take place criticising the authorities over their failure to take any action over his December 2003 assault by Police.
6. Under the provisions of the new Extradition Act 2003, Babar Ahmad is not allowed to defend himself against any 'evidence' provided by the US despite the fact that this 'evidence' may be false and/or unreliable
7. Babar Ahmad is a professional graduate with a clean record. He never recovered physically and psychologically from his brutal assault at the hands of the British Police in December 2003.
8. Babar Ahmad remains in custody at HM Prison Woodhill, pending a main extradition hearing in late 2004/early 2005, following which he may be extradited to the US to face a possible 50 years to life imprisonment. However, he still does not face any charges under British Law and he may be extradited without ever having the chance to challenge any evidence presented by the US against him.
9. The U.S. has tried many times before to extradite individuals on terrorism and has failed when it went through the courts in the U.K. Labour's Home Secretary David Blunkett signed the extradition treaty last year to make it easy for extradition to the U.S.
10. Babar Ahmad's case is the first case of its kind in British legal history for a British born citizen to be extradited under these new laws.
If Babar Ahmad is extradited to the US, it is likely that he will face physical, mental and sexual abuse in much the same way that other Muslims accused of terror activities have been treated both in prisons inside the US and in prisons run by the US Government abroad such as Guantanamo, Abu Ghraib and Bagram.
Babar Ahmad's continued detention is unjust and he should be released immediately and tried in a British court if there is any evidence. The Extradition Act 2003 should also be repealed as a matter of urgency.
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