Free Babar Ahmad
WHO IS BABAR
THE STORY
THE FACTS
TORTURE EVIDENCE
TIMELINE
COURT ACCOUNTSEVENTSPRESS RELEASES
ARTICLES
THE LAW
US HUMAN RIGHTS ABUSESMESSAGES OF SUPPORTLINKS

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.

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 UK is the only nation in the EU to agree to such a treaty with the US. Other EU nations either refuse to extradite their own citizens (e.g. France, Austria, Germany) or only extradite on assurances of immediate repatriation following conviction to serve the prison sentence (e.g. The Netherlands) or demand prima facie evidence.

 

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 over 73 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 1996 to 2002, 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. From 2004 to 2007, Babar Ahmad lost all of his appeals against extradition in the UK courts. In March 2009, the UK Metropolitan Police Service admitted before the High Court in London that he had indeed been the victim of grave abuse tantamount to torture during his first arrest in December 2003. He was paid unprecedented compensation of £60,000.

8. Babar Ahmad remains in custody at HM Prison Long Lartin, pending a decision on his extradition from the European Court of Human Rights in early 2010. If extradited he faces a sentence of life without parole in solitary confinement in a US ‘Supermax’ prison. However, he still does not face any charges. 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. 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.

10. Babar Ahmad’s continued detention, for over 5 years without charge, is unjust and he should either be released immediately or put on trial in the UK if there is any evidence against him. The UK should also amend the Extradition Act 2003 so that no UK citizens are extradited to the US in cases where the alleged offences took place on British soil, as in Babar Ahmad’s case.