Abu Hamza and four other alleged terrorists are set to be extradited to the US following today’s European Court of Human Rights (ECtHR) ruling that detention conditions and length of sentences in the US would not amount to ill-treatment.
Proceedings against a sixth alleged terrorist, who is schizophrenic, have been adjourned while the court seeks more information about his mental state.
Mustafa Kamal Mustafa (known more commonly as Abu Hamza), Babar Ahmad, Syed Talha Ahsan, Haroon Rashid Aswat, Adel Abdel Bary and Khaled Al-Fawwaz were all indicted on terrorism charges in the US between 1999 and 2006. Their alleged crimes included murder, kidnapping and inciting violent jihad. They have been detained in the UK pending extradition to the US.
The ECtHR held unanimously that there would be no violation of article three (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights arising from conditions at ADX Florence, a high security prison in Colorado.
This prison, the court held, was better equipped and run than many European prisons. The court also held that the long sentences that the alleged terrorist could expect were not ‘grossly disproportionate’ and did not amount to a breach of article three given the seriousness of their alleged crimes.
Home secretary Theresa May said: 'I welcome the decision of the ECtHR to allow the extradition of Abu Hamza and other terror suspects. We will work to ensure that the suspects are handed over to the US authorities as quickly as possible.'
Today’s ruling is not final. The defendants have three months in which they can apply to refer their case to the Grand Chamber of the ECtHR for further examination.
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