Abu Hamza al-Masri can be extradited to the United States, a judge ruled yesterday – three and a half years after the extremist preacher was arrested on a “fast-track” warrant.

Jacqui Smith, the Home Secretary, has two months in which to make the final decision on whether the former imam of Finsbury Park mosque will be flown to New York to face trial on terrorist charges.

Abu Hamza, who was born in Egypt and whose real name is Mostafa Kamel Mostafa, faces a US indictment listing 11 offences including attempting to set up a terrorist training camp in Oregon and sending money and recruits to assist the Taleban and al-Qaeda.

The most serious charges allege that he assisted a gang of kidnappers in Yemen, who abducted a party of Western tourists in 1998. Abu Hamza bought the kidnappers a satellite phone and allegedly gave them advice and assistance during the kidnap, in which four people, including three Britons, were shot dead.

‘Items sent as earthquake aid’

Hidden among clothing were goods selected and purchased to support the activities of terrorists, a court was told

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BACKGROUND

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• Men in bungled raid say police attacked again

• More than Vigilance

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• Jihadi house parties of hate

Abu Hamza, 49, was the first person to be arrested under the streamlined Anglo-American extradition treaty when police raided his home in May 2004. But the Crown Prosecution Service delayed his extradition by insisting that he stand trial in Britain for incitement offences. He then won repeated postponements of his case on the grounds that he had ingrowing toe-nails, gangrenous infections and general ill-health.

During a hearing at the City of Westminster Magistrates’ Court, District Judge Timothy Workman rejected the argument that extradition would infringe Abu Hamza’s human rights.

Hugo Keith, representing the US Government, told the court that the cleric had been involved in “blatant violence, kidnapping and terrorist training”. Mr Keith said: “The general allegation is that Hamza is a member of a global conspiracy to wage jihad against the US and other western countries. He advocates the defence of Islam through violent, unlawful and armed aggression against the enemies of Islam in order to influence the US government.”

If convicted, Abu Hamza is likely to face a 99-year sentence and spend the rest of his life in an American prison. The court was told that it was likely that he would spend some of the time locked up for 23 hours a day in a cell.

The judge said: “While I find these conditions offensive to my sense of propriety in dealing with prisoners, I cannot conclude that in the short term the incarceration in a supermax prison would be incompatible with his Article 3 rights.”

He added: “The gravity and seriousness of these allegations is such that the public interest in honouring the extradition treaty outweighs the inevitable interference with the defendant’s family life.”

Alun Jones, QC, for Abu Hamza, said that he would make further representations against extradition to the Home Secretary and the Attorney-General.

Since Abu Hamza was jailed a series of trials have revealed his links to terrorist activity in Britain. The July 7 London bombers were inspired by his sermons and the would-be bombers of July 21 were regular worshippers at Finsbury Park mosque, which is now managed by people who have no connections to Abu Hamza.

Abu Hamza is serving a seven-year sentence in Britain for inciting murder and racial hatred. If the Home Secretary authorises his extradition he could be sent to stand trial then returned here to complete his sentence before being flown back to the US to serve any prison term imposed there.

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