British Judges Approve Extradition of Muslim Cleric - New York Times [getdailynow.blogspot.com]
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LONDON â€" British judges have indicated that they will rule Friday on a protracted effort by the United States to secure the extradition of five detainees, including the firebrand Muslim cleric Abu Hamza al-Masri, to face terrorism charges in American courts, British news reports said.
If the two judges turn down an appeal by the men, lawyers for the British government have said, the authorities will “be entitled to move instantly†to send the men to the United States, ending a legal tussle over their destinies that, for some of them, has spanned eight years and raised questions about the balance between civil liberties and national security.
James Eadie, a lawyer representing the home secretary, Theresa May, said that if the appeal is turned down, “that effectively is the end†since no further action is permitted under criminal law.
Over the years, the case has swung between British tribunals and the European Court of Human Rights, which ruled last April that the five suspects could legally be extradited. Last week, the European court turned down a request by the five men to appeal its judgment, triggering the latest battle in Britain’s High Court.
Lawyers for Mr. Masri, 54, said on Tuesday that he was physically unfit to face the accusations against him and that it would be “oppressive to extradite him†under the terms of British law. The cleric has been resisting extradition since 2004.
American prosecutors want him to face 11 charges, some dating back 14 years, including calling for holy war in Afghanistan, involvement in kidnappings in Yemen and participating in a plot to set up a terrorism training camp in Bly, Ore.
Mr. Masri was born in Egypt and came to Britain as a student in 1979. He drew the attention of radical followers and the security services because of fiery sermons at the Finsbury Park mosque in North London. He has been in prison in Britain since 2006 on separate charges, including incitement to murder.
His lawyers are seeking an injunction to prevent his extradition while he has a scan to determine whether health problems â€" listed by his lawyers as long-term depression, an inability to concentrate and short-term memory loss â€" amount to a degenerative condition. He also suffers from diabetes, psoriasis and the depressive effects of long-term sleep deprivation related to being awakened every hour of the night by prison guards, his lawyers say.
One of the judges expected to rule on Friday, Sir John Thomas, said earlier this week that if there was a risk of a degenerative condition, “the sooner he is put on trial the better. I don’t conceivably see how a delay can conceivably be in the interests of justice,†the Press Association news agency reported.
Mr. Masri, who lost a hand and one eye from injuries many years ago, and the other suspects are seeking High Court injunctions to prevent their extradition.
The four others are Seyla Talha Ahsan, Adel Abdul Bary, Khaled al-Fawwaz and Babar Ahmad. Mr. Bary and Mr. Al-Fawwaz were charged with multiple murders in the 1998 bombings of the American Embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya, which killed more than 200 people. Mr. Ahsan, like Mr. Ahmad, is charged with providing support to terrorists and conspiracy-related offenses.
British civil liberties activists have complained about the treatment in particular of Mr. Ahmad, 37, a computer expert accused of being a fund-raiser for terrorist causes, who has been held without charge or trial for eight years.
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