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Babar Ahmad allegedly operated websites in the United States that revealed links to Shamil Basayev, the Chechen leader behind the Beslan school attack. There was also advice on smuggling cash to the Taleban, and Muslims were urged to take arms training for a jihad.
Mr Ahmad, 30, of Tooting, South London, is fighting extradition on five charges stretching from 1997 to 2004 alleging that he used websites to incite the murder of US servicemen in Afghanistan and elsewhere.
At the start of a two-day hearing, John Hardy, for the US Government, said that the websites “sought and invited and solicited contributions to terrorist causes in Afghanistan and Chechnya”.
The material inciting murder in both the countries and elsewhere was “established, operated and maintained by this defendant”, he told Tim Workman, the senior district judge at Bow Street Magistrates’ Court. Muslims were told that “military training is an Islamic obligation, not an option” and it was suggested that they should get hold of weapons such as AK47s.
One of the websites, named after the spiritual teacher of Osama bin Laden, announced that it had been set up “to propagate the cause of jihad among Muslims who are sitting down ignorant”, Mr Hardy said.
The website said that the best way to help would be to “go to the lands of jihad” to fight. The website included a disclaimer suggesting that there was no suggestion of promoting illegal action. Mr Hardy said that this was “manifest nonsense”.
Potential militants were told that they should read US military manuals and the memoirs of British soldiers, take martial arts training and learn knife fighting. Recruits were urged to be discreet and advised to make contact with veteran fighters who had come home.
Website readers were also told: “The most important thing a Muslim can do in the West is raise money.”
Edward Fitzgerald, QC, for Mr Ahmad, asked the court to consider whether the Act allowing extradition was at odds with an extradition treaty signed in 1972. The treaty requires prima facie evidence but the Act under which Mr Ahmad faces extradition does not. Mr Fitzgerald said that the definition of terrorism as “an act of violence for political ends” was far too broad. On that basis he said: “One would say President Bush was a terrorist. He is constantly concerned in violence with political ends.”
Looking at the charges, Mr Fitzgerald said that the Taleban were the de facto Government in Afghanistan, and Chechnya was invaded by the Russians despite a peace treaty in 1998. The Mujahidin were acting in self-defence.
Mr Fitzgerald said that there was also a danger that once in the United States Mr Ahmad could be held indefinitely without trial by the military. Legislation allows a president to sign an order designating a foreigner as an enemy combatant and send him to a military prison or a military tribunal.
Scores of protesters, including Martin Mubanga, the former Guantanamo Bay detainee, gathered in Bow Street to support Mr Ahmad.
The hearing continues.
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