A British man accused of running al-Qaeda recruiting websites can be extradited to the United States to face terrorism charges, a judge ruled today.

Babar Ahmad is wanted by the US Government to answer charges of soliciting support for terrorism and trying to set up a terrorist training camp.

Charles Clarke, who has the final say on the extradition, will make a decision in the next 60 days. As the US has promised not to seek the death penalty for Mr Ahmad, of Tooting, South London, the Home Secreary is expected to approve the judge's ruling.

Lawyers for Mr Ahmad, who is also accused of conspiring to kill Americans and laundering money, said that they would appeal any decision to send him to the US.

Judge Timothy Workman said that he accepted "categorical assurances" by the Americans that they would not seek the death penalty or declare Mr Ahmad, 31, an "enemy combatant", a category applied to prisoners at the Guantanamo Bay base.

Referring to the death penalty, Judge Workman said: "I have reached the conclusion that the risk of this being imposed by a civilian court is negligible."

But he told the court: "This is a difficult and troubling case. The defendant is a British subject who is alleged to have committed offences which, if the evidence were available, could have been prosecuted in this country.

"Nevertheless, the Government of the United States are [sic] entitled to seek his extradition under the terms of the treaty and I’m satisfied, that the reasons that I have just given, that none of the statutory bars apply.

"I am therefore sending this case to the Secretary of State for his decision as to whether the defendant should be extradited to the United States of America."

He added he had "no doubt" that the complex issues in the case would need to be examined by the High Court and he told the defendant that he had the right to appeal to the High Court.

Mr Ahmad, who was indicted in Connecticut in October, is accused of running several websites that investigators have said were used to recruit al-Qaeda, Taleban and Chechen rebels and to equip them with gas masks, night-vision goggles and camouflage gear.

His case is being heard under contentious "fast track" extradition procedures that came into effect in January 2004. The new rules lessen the burden of proof in some cases, allowing certain countries, including the US, to provide "information" rather than evidence that a crime has been committed.

Mr Ahmed has been backed by George Galloway, the Respect MP who is in Washington today to give evidence to a Senate committee that has accused him of being given oil allocations by Saddam Hussein.

Mr Galloway had planned to express his support for the terror suspect outside Bow Street Magistrates Court, where several dozen supporters turned out today to protest against the extradition decision.

Before leaving London yesterday, Mr Galloway said: "I am proud to call Babar my friend and if there is guilt by association so be it."

Mr Ahmad has not been charged despite being held in London’s top security Belmarsh jail since last August.

From his prison cell, he stood unsuccessfully as a candidate in this month’s election in Brent North, a north-west London constituency with a large Muslim population.

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