Sean O’Neill, Security Editor
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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.
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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Terrorism in all forms is reprehensible. None more so than connivance of Western powers in the murder of Saleem Qutub. The purpose of this act was to use the organisations founded by him to murder innocent people. (the beginning of terrorism) There are as many western governments with the blood of terrorist victims on their hands as there are Arab. But the reason that western governments are involved is even more unconscionable that the reasoning of this misguided cleric. All they want to do is scare their constituents into giving away their democratic freedom so they can have even greater power over their constituents that can be misused without check or balance.
Trevor Hughes, Charters TOwers, Australai
Abu Hamza dealt with three and a half years after he was arrested on a âfast-trackâ warrant? I can now see whilst 28 day's detention is not enough. But what use would the proposed 90 days be? 1000 days would be insufficient should the spread of ingrowing toe-nails become endemic in the UK. Better make it a lifetime and have done.
Steve Buckel, Braunau-am-Inn, Austria
Send him (and his family) to the US today. They've sponged off this country for far too long. Talk about "biting the hand that feeds you". This evil man should not have human rights - he is not human
Angela, Leicester, England
It is amazing how he is now dependent on the very system to protect him, which he hated.
He just did not know a good thing when he had it!
M. Symonds, Essex,
Can a man who has brainwashed his gullible followers into committing acts which lead to the death of themselves and many others claim protection under Human Rights legislation? His (expensive) lawyers seem to think so. But they would, wouldn't they.
Clive, Carmarthen,
This human dross should have been thrown out of this benevolent country long long ago.
Great news that he is being extradited, there is no room for people of his ilk in a modern society.
Neil (Liverpool)
Neil Farrell, Liverpool, UK
Give the man to the US where they can have a "Abu Ghraib"-Go at this man, that will satisfy them:-)
Andrew, Glasgow, UK
The judge was worried about Hamza nee Mostafa's "human rights"? What about the rights of those he helped murder? Is the judge (or anyone else) not concerned with their right to life? Is no one concerned with punishing those who transgress the laws of society?
Bob Evans, Anaheim, California
If the Home Secretary decides AGAINST extraditing this evil man, who now hides behind the very laws he wishes to destroy...then that Governement will fail at the next election. Give the people what they want HS.
kirk, Rotherham, UK
If you believe actions speak lowder than words, where does that leave blair/bush.
eddie, toronto, canada
I think an ideal solution would be; let the Americans have him on the provision that, after his trial in the US he is returned to the UK to finish his sentence here, then deported to the US to start whatever sentence they give him.
Justice for all.
Tom, Las Pesqueras, Spain
You can't make exceptions for him just because it may fuel jihadism. And I'm sure there won't be that many tears shed for him in the Middle East! He's considered a joke. If a few of his British supporters get upset, so be it. If they don't like living in a Western sinbin, they should try living in Egypt or Saudi, although they seem to be more discerning about who they let in.
Mia, London, UK
Great. So now we get to pay for Hamza's incarceration, after British authorities appeased and equivocated for years while this lunatic was planning our mass slaughter. Along with Richard Reid, another Brit whose meals we're paying for. I guess my question is, at what point do we present a bill to the Home Office for the costs of your ineptitude?
Sean, new york, NY,
They probably need his cell if there's such a shortage. It shouldn't have got this far, he should have been deported back to Egypt years ago as a deterent to others. There are thousands who need asylum waiting to come to Britain, far more deserving and in need than this ridiculous attention seeker. Wonder who'll foot the bill for his airfare?
Mia, London, UK
he'll be sent off to Guantanamo Bay and made into an international example by the americans.
the questions is what will it fuel?? The fight against bush's so called "war on terror", or the jihadist fight.
I am thinking the latter!!!
Mr S Patel, Leicester,
Hamza is trying to hide behind the very democracy that he seeks to overthrow, there should be no place for him or his followres / protectors in our country, the man is a danger and a coward. he preaches hate and war whilst hiding behind his religion. he should have been deported long ago, as should all the others that sat outside the Finsbury Park mosque listening to his rantings. Will he now have to pay back all the benefits that he has sponged off the good people of this country.
Mick, Bkackburn, UK
Abu Hamza to be deported? Great News.
Get this disgusting man off British soil ASAP.
Tony Pritchard, Cancun, Mexico
Send him now& any more of his mates they might want
PAUL GOODWIN, poole, UK