The Association of Pakistani Lawyers (APL), a team of Pakistani origin lawyers, Solicitors, Barristers, and Judges in UK has expressed its concerns on the London’s Magistrates court’s decision on the extradition request of the United states of Abid Naseer due to fear of ‘inhuman and degrading treatment’, rendition and fair trial issues as well as system of parole whereby longer sentences are imposed. The extradition of an alleged leader of The 24-year-old Pakistani was among 11 men held in 2009 accused of a plot in Manchester and US targets was approved on 21 January. None ever visited USA and were not charged and tried at British soil. Abid Naseer is accused of a plot to bomb British targets and US authorities made the extradition request after alleging a link to a planned attack on a New York subway. City of Westminster magistrates court in central London approved the extradition application at a hearing at but Naseer’s lawyer (Gareth Pears) said he would appeal. Lawyers for Mr Naseer argued that his extradition should be halted because the US could later deport him to Pakistan. If that were to happen, they argue, he could be tortured or killed by Pakistan’s secret services, even though the British courts have taken steps to protect the suspect from such a fate. Judge Purdy said: “I am not of the view the US judicial system is indifferent in providing appropriate intervention [where there is a risk that someone will be ill-treated].” The case is now likely to go before the home secretary Theresa May for a final decision and for further appeals to higher courts.
“It may still take a few years before a final decision is made as there are several steps yet to be exhausted. United States record speaks for itself and it needs to open a wider approach to gain the confidence of other communities especially Muslims on fair trial issues post 9/11 as Dr Afia Siddiqui was sentences to 86 years without having a proper probe where was she arrested, how was she injured and where she has been for all these years of missing. Babar Ahmad a British subject was stopped by European Court of Human rights to be handed over to USA on similar grounds. We see a long legal haul before the actual extradition could take place in which Abid Naseer’s view will be of paramount importance whether he feels free to stand a trial in USA and have any concerns on their detention, investigation, prosecution and parole system and whether he hopes to have a fair trial free of torture. Ideally, trial should take place in UK, if any as British courts have earned that respect over the 10 years of sustained pattern of dispensing justice which is seen to be done post 9/11 and in particular 7 July London bombing”. Said Barrister Amjad Malik.
On 8 Jul 2010 European Court of Human Rights declared Babar Ahmad’s petition admissible and sought observations from the UK government on Supermax confinement and life without parole sentence. Final decision is expected early 2011.
Earlier Judgement on appeals filed by Pakistan students against their deportation from UK allegedly on the grounds of terrorism was announced in London on May 18, 2010. According to Barrister Amjad Malik, Justice Mitting allowed the judgement of his client Shoaib Khan and Abid Naseer, Ahmed Faraz Khan were allowed to stay on human rights basis. Both were not released from Category A prison. Ahmed Faraz left UK voluntarily in agitation where as Abid Naseer who was known as XC was continuously detained under extradition request. ‘Extradition request gave UK the power to detain him whilst his appeal was pending, whilst no request was made for Tariq Ur Rehman who was in Pakistan and Pakistani Chief Justice took notice and barred any extra judicial hand over’, said Mr. Malik.
Abdul Wahab Khan and Tariq ur Rehman were heard for three weeks from March 9 to 26 by a three-member Special Immigration Appeals Commission headed by Mr. Justice Mitting but were refused their appeal and Abdul Wahab is appealing the decision in European Court. Ten Pakistani students were arrested in April 2009 in a terror swoop in north west England. They were released three weeks later because of lack of evidence and handed over to UK Border Agency for deportation. While eight returned to Pakistan voluntarily after the UK authorities agreed to drop deportation charges. Five filed appeals on the grounds on discrimination being Pakistani nationals and Muslims and since no charge has been proved against them, their forceful removal from Britain was in complete contravention of the European Convention of Human Rights.
Ultimate final decision on this extradition will be made by European Court of Human Rights, and it make take many months, said Amjad Malik
Saturday, 22 January 2011
http://www.guardian.co.uk/world/2011/jan/22/abid-naseer-al-qaida-bomb-plot
