Critics of the European Court of Human Rights, which, in February, refused to allow the UK to deport the Muslim cleric Abu Qatada to Jordan, were delighted when, on April 10, the court turned down an appeal by five other men who were seeking to prevent their extradition to the US, on the grounds that their human rights would be violated if they were sent to the US to stand trial, However, as those critics are generally driven by anti-Islamic “war on terror” hysteria and disdain for the European Court and for the European Convention on Human Rights — and especially the legislation designed to prevent torture and to ensure fair trials — their delight is not something that should necessarily be emulated or encouraged.

The five men are Abu Hamza, Babar Ahmad, Syed Talha Ahsan, Adel Abdel Bary and Khaled al-Fawwaz. As the Guardian described it, the European judges “decided they needed more information about the mental health” of a sixth man, Haroon Aswat, an aide to Abu Hamza who has suffered such a precipitous decline in is mental health that he has been been held in Broadmoor psychiatric hospital, before reaching a decision on him.

Of the five, Abu Hamza (or Abu Hamza al-Masri), whose real name is Mustafa Kamel Mustafa, is the best known, or perhaps the most notorious — a half-blind, hook-handed firebrand preacher, born in Egypt but a British citizen for nearly 30 years, who was tried, convicted and given a seven-year sentence in 2006 for charges of soliciting to murder, and other charges related to “stirring up racial hatred.” Read the rest of this entry »

When it comes to dealing with Muslim “terror suspects” in the UK, and recent rulings by the European Court of Human Rights preventing the British government from deporting Abu Qatada to Jordan, but approving the extradition to the US of Abu Hamza, Babar Ahmad, Talha Ahsan and two other men, it is often difficult to discern notions of justice, fairness and a sense of proportion when the opinions of so many politicians and media outlets are clouded by hysteria and — often — racism that is either thinly-veiled, or not even hidden at all.

The problems with the planned deportation of foreign nationals to their home countries, and the extradition of foreigners and British nationals to the US, began under Tony Blair, when, in the wake of the 9/11 attacks, the government implemented a policy of detention without charge or trial on the basis of secret evidence, and also signed an extradition treaty with the US that required little, if anything in the way of evidence to be provided before “suspects” could be extradited to the US.

In a follow-up article, I will look at the cases of Abu Hamza, Babar Ahmad, Talha Ahsan and the two other men whose extradition to the US was approved last week, but for now I want to focus on the case of Abu Qatada, and his planned deportation to Jordan.

Tony Blair’s policy of detention without charge or trial involved rounding up a number of foreign nationals alleged to be terror suspects — including Abu Qatada –  and imprisoning them on the basis of secret evidence that was not disclosed to them. The intention — as well as removing their right to a trial in the country that had exported habeas corpus around the world — was to deport these men to their home countries, ignoring the fact that the UN Convention Against Torture (to which the UK is a signatory) prohibits the return of anyone to a country where they face the risk of torture. Read the rest of this entry »