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Babar Ahmad: Update

A number of constituents have recently expressed concerns over the arrest of Babar Ahmad under the controversial no-evidence-required Extradition Act 2003 and the alleged abuse he has dealt with whilst in police custody.

Babar Ahmad was first arrested in December 2003 under anti-terror legislation. He was released without charge six days later and claimed to have sustained a significant number of physical injuries as well as horrific physical, sexual, and religious abuse by the arresting police officers.  Mr Ahmad was rearrested in August 2004, this time under the US no-evidence-required Extradition Act. The US has alleged that Mr Ahmad was a supporter of terrorism in the 1990s. Mr Ahmad has denied any involvement with terrorism and although he has not been charged in the UK he has now been detained in police custody for over 7 years. Whilst the Metropolitan Police have now admitted that Mr Ahmad did indeed suffer Islamophobic and brutal assault from the arresting officers in 2003, Mr Ahmad still remains in prison pending possible extradition to the US.

In the midst of this highly confusing case, Mr Ahmad's family and friends continue to actively campaign for his release. The imprisonment of any individual without charge goes against the human rights and basic freedoms we value so much in democratic nations like the UK. Whilst in the case of terrorist suspects it may be necessary to make further investigations before a clear charge can be made, clearly this is not an 7 year process. Whilst I am supportive of the efforts of officials both here in the UK and in the USA to protect us from terrorism, I am completely opposed to the imprisonment of individuals for such lengths of time without charge.  Both personally and as a member of the Joint Committee on Human Rights (JCHR) I completely condemn the use of extreme violence against those in detention, as Mr Ahmad alleges he experienced whilst in custody.  A fair and honest criminal justice system is vital to protect the rights and safety of all citizens.

 

I wrote earlier this year to the Foreign Secretary William Hague on this issue and have received a response from the Minister responsible, Damien Green MP, who is the Minister for Immigration.  In his response, Mr Green simply details the procedural facts of Mr Ahmad’s case and offers no views on the legitimacy of Mr Ahmad’s detention in extradition custody, which is somewhat disappointing.  Furthermore, reiterating that Mr Ahmad’s extradition has been stayed by the European Court of Human Rights does nothing to advance the resolution of Mr Ahmad case and this too is frustrating.  

 

Babar Ahmad’s case has been considered repeatedly in Parliament.  On the 22nd June his case was referred to in the JCHR’s report on the ‘Implications of UK Extradition Policy’.  In this report, members of the JCHR including myself concluded that there is a problem with Article 5(3) of the Extradition Act because it allows the extradition of individuals on the basis of evidence which the

CPS has deemed insufficient to prosecute in this country, as in Mr Ahmad’s case.  We therefore recommended that the Government urgently renegotiate this article of the US-UK extradition to exclude the possibility of extradition being requested and granted in cases such as Mr Ahmad’s, thereby highlighting that Mr Ahmad should not be extradited to the US but should stand trial here in the UK.  In addition, there have been several debates on the subject of extradition which have focused on Mr Ahmad’s case over the past few years, the most recent being on December  5th 2011. 

 

Unfortunately, I was unable to attend this debate as I was away in India.  However, I can assure you that my colleagues in the Labour Party debated the issues surrounding Mr Ahmad’s detention:   Jeremy Corbyn MP discussed in detail Mr Ahmad’s case and highlighted that if Mr Ahmad’s case were held in the UK courts it would collapse because of the way he has been treated whilst in detention.  He also asked the Immigration Minister, Damien Green, to address the issue of defendants being unable to challenge extradition on forum grounds, which many eminent experts have suggested should be possible.  Unfortunately, as you will see in the debate, the minister did not address the points raised.  To date, 141,000 people across the country have signed a petition asking to release Babar Ahmad yet the Government have ignored their voices. Please be assured that both I and my colleagues in the Labour Party will continue to support Mr Ahmad’s challenge against his extradition and that I will continue to inform my constituents about any changes and progress made in the case.