A European Court Ruled Abu Hamza al-Masri Can be Extradited to the United States to Face Terrorism Charges

September 25, 2012

The Associated Press on September 24, 2012 released the following:

“UK to extradite radical Muslim cleric to US

By SYLVIA HUI, Associated Press

LONDON (AP) — A European court ruled Monday that radical Muslim cleric Abu Hamza al-Masri can be extradited to the United States to face terrorism charges, including allegedly trying to set up an al-Qaida training camp in rural Oregon.

The decision ends a long-running legal battle and means that al-Masri, considered one of Britain’s most notorious extremists, could be deported within weeks along with four other terrorism suspects in Britain.

Authorities in the U.S. have for years asked for Al-Masri and the others to be handed over, but the process had been delayed because the men raised human rights objections.

The men had argued before the European Court of Human Rights that they could face prison conditions and jail terms in the U.S. that would expose them to “torture or inhuman or degrading treatment or punishment” in breach of the European human rights code.

In April, the Strasbourg, France-based court rejected those claims. Al-Masri and the four others lodged an appeal to the court’s highest judges, but on Monday the court said it refused to hear it. “Today the Grand Chamber Panel decided to reject the request,” the court said in a brief statement. It did not give a reason for refusing the appeal.

Britain’s Home Office and the U.S. Department of Justice welcomed the decision.

“We will work to ensure that the individuals are handed over to the U.S. authorities as quickly as possible,” said the Home Office.

The suspects, who are accused of crimes such as raising funds for terrorists, could face life sentences in a maximum-security prison.

Al-Masri was arrested in Britain in 2004 at the request of U.S. authorities, who have called him “a terrorist facilitator with a global reach.”

They accuse him of assisting the taking of 16 hostages — including two American tourists — in Yemen in 1998 and of conspiring to set up a terrorist training camp in Bly, Oregon, between 2000 and 2001.

He also is accused of conspiring with a U.S. citizen to facilitate a jihad — or holy war — in Afghanistan and providing material support to al-Qaida and the Taliban.

The cleric, who is blind in one eye and wears a hook for a hand, lost several British court cases in his fight against extradition before taking the case to the European court in 2008.

Known for his fiery anti-Western and anti-Semitic outbursts, he claims he has lost his Egyptian nationality, but Britain considers him an Egyptian citizen. He is currently serving a seven-year prison term in Britain for separate charges of inciting hatred.

The other four suspects due to be extradited to the U.S. are Babar Ahmad, Syed Tahla Ahsan, Khaled al-Fawwaz and Adel Abdul Bary.

Ahmad and Ahsan are charged in U.S. federal court in Connecticut with running a terrorist website in London, providing material support to terrorists, conspiring to kill U.S. nationals, and money laundering. Supporters of Ahmad, who was arrested in 2004 and has been held in a British jail since then without charge, are trying to help him get a trial in Britain because his alleged offense happened in London.

Al-Fawwaz and Bary, accused of being key aides to Osama bin Laden in London, are wanted in a New York federal court for the 1998 bombings of two U.S. embassies in Kenya and Tanzania that killed 224 people. Al-Fawwaz faces many counts of murder.

The human rights court said that it has not decided on the case of a sixth suspect, Haroon Rashid Aswat, who was accused of being Al-Masri’s co-conspirator in attempting to set up the camp in Oregon. The court said it needed to consider more information about his case.

In Washington, Dean Boyd, spokesman for the National Security Division of the U.S. justice department, said: “We are pleased that the litigation before the European Court of Human Rights in these cases has come to an end, and we will be working with the U.K. authorities on the arrangements to bring these subjects to the United States for prosecution.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Home secretary upholds decision to extradite Richard O’Dwyer

July 9, 2012

The Guardian on July 9, 2012 released the following:

By: James Ball and Alan Travis

“Theresa May says she will not review case that could see Sheffield student facing 10 years in US jail

The home secretary, Theresa May, has told the House of Commons that she will not revisit plans to extradite Sheffield Hallam student Richard O’Dwyer to the US on copyright charges, saying the decision had “already been taken”.

O’Dwyer faces a maximum sentence of 10 years in a US jail for alleged copyright offences, for which the UK declined to press charges. The charges relate to a website, tvshack.net, which O’Dwyer when he was 19 and which linked to places to watch TV and films online.

Wikipedia founder Jimmy Wales launched a campaign against his extradition late last month, including a petition which on Monday hit 225,000 signatures, primarily from the UK and the US.

Conservative MP Zac Goldsmith, who has previously raised concerns over several US extradition cases, asked May at home secretary’s questions in the Commons on Monday if she planned to review the case, given that it involved “an offence, if it is one, that our own authorities thought did not merit a prosecution.”

May, who must personally approve extraditions under the US/UK treaty, said the decision had been taken and O’Dwyer must rely on his court appeal.

“As you know that case is due to go to court later this year,” she said. “As regards the extradition decision, that has already been taken and, as you know, I have decided to uphold the extradition.”

Previous campaigns against extradition have called on home secretaries to review their decisions to extradite, most famously in the case of Chile’s General Pinochet, where former prime minister Margaret Thatcher called on the Labour home secretary to revoke his permission for extradition.

Wales is currently seeking a meeting with May and her advisors to discuss the O’Dwyer case. In his call for the meeting, he said: “The home secretary continues to ignore hundreds of thousands of citizens, the UK tech community, business leaders, celebrities and MPs from all parties on this issue.

“She should be very clear that we are not going to go away and new supporters are joining the campaign all the time.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and the United Kingdom here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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           Office Locations

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No American citizens extradited to UK over crimes allegedly committed in US

May 4, 2012

The Telegraph on May 1, 2012 released the following:

“Not one US citizen has been extradited to Britain as a result of crimes said to have been committed in America since a controversial transatlantic treaty came into force, it has been disclosed.

By John-Paul Ford Rojas

Critics say it demonstrates the “lopsided” nature of the arrangement since Britions have been subject to US extradition orders as a result of their alleged actions in the UK.

The Home Office made the disclosure under Freedom of Information laws earlier this month.

It said: “From the information available, between January 2004 and 30 March 2012, there have been seven known US citizens extradited from the US to the UK.

“Of those seven, none have been identified as crimes which were committed whilst the person was in the US.”

Dominic Raab, Conservative MP for Esher and Walton, said: “This is more damning evidence of the lop-sided effect of out extradition arrangements with the US.

“Gary McKinnon, Christopher Tappin and Richard O’Dwyer are all subject to US extradition orders based on their actions in Britain.

“Yet, no American has ever been extradited for alleged offences committed on US soil. It smacks of double standards, and strengthens the case for extradition reform.”

Mr McKinnon has been fighting extradition over computer hacking charges for ten years while Mr Tappin was sent to the US earlier this year for alleged arms dealing. Mr O’Dwyer, a student, faces extradition for running a pirate film and TV website.

A US embassy spokeswoman said: “The US has never refused an extradition request from the UK for any type of crime under this treaty.

“The UK has refused 7 requests from the US. The facts clearly show that the treaty is fair and in no way lopsided.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           Office Locations

Email:


Richard O’Dwyer: I Saw What They Did To Christopher Tappin, And I’m Scared

March 26, 2012

Huffington Post (UK) on March 26, 2012 released the following:

By: Dina Rickman

“A 23-year-old Briton facing extradition to America on copyright charges has spoken out about his fears in a rare interview, saying he could spend months waiting for trial in a high-security jail.

Student Richard O’Dwyer, who is appealing against being sent to the US, told The Huffington Post UK he was scared he would end up in a maximum-security institution with no bail, and said he didn’t deserve to be imprisoned.

“Yes, I am scared, I have seen in the media what they did to Chris Tappin [the 65-year-old British busisnessman recently extradited to the US] and how he has been put straight into jail with no bail,” Richard said.

Tappin is currently in prison in New Mexico, America, waiting for trial over allegations he plotted to sell arms to Iran.

“I have no criminal record and don’t think I deserve to be imprisoned for what should be a civil matter if anything. In the UK if I was charged with any offence I would not be put in jail for such a matter,” O’Dwyer said, via email.

“I am trying to stay positive and most importantly I want to complete my university degree.”

Richard’s mother Julia, who is appealing after Home Secretary Theresa May signed his extradition order this month, said she was in a “state of panic” when she heard her son could be put on trial in the states.

The mother-of-two has become an “accidental campaigner” against the controversial UK-US extradition treaty since Richard faced extradition to America over claims his website TVShack.net linked to pirated material.

“You’re not fighting any crime here, you’re fighting the law, the extradition law. You don’t get a chance to fight the allegation,” she told The Huffington Post UK.

However Julia – who still does her son’s washing when he returns from university in Sheffield to report for bail – is not angry at Richard: “I’m angry at the government.

“The police are just doing their job, they were just told to do that when it all came from America. I’m not at all angry at Richard, I’m even less angry than I might have been [if he had not been facing extradition] because I am more angry at the government.

“Maybe we’re closer together, a little bit. He doesn’t want to bother about it, you see, much. It’s just a major inconvenience to him,” she said.

“I see him every week. I usually bring his laundry back, I usually do it on the day he goes to bail so I can give him a lift for that. Sometimes he comes home for the weekend anyway. He has to report to a police station every week, whenever I see him I will take away his laundry and next time I’ll see him I will take a bit back. That’s what you do when your kids are at uni, you know.”

O’Dwyer has received support from the families of two other British men facing extradition, Tappin and computer hacker Gary McKinnon.

Julia is now calling for action on the “flawed” legislation, rather than more reform.

“Our government has failed to make a difference to a law that was pushed through the backdoor with no parliamentary scrutiny. Now we’re living with the consequences.

The government has sold him down the river. They’re doing it to other people. This law was put in place by the Labour government in the Queen’s prerogative with no parliamentary scrutiny. This government has promised to look at it and amend it before they came into power and they have done nothing about it except talk about it.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Theresa May to review UK extradition treaty with US

February 22, 2012

The Guardian on February 22, 2012 released the following:

“Home secretary to lead thorough review of extradition treaty following anger at recent deportations, David Cameron says

Nicholas Watt, chief political correspondent

Theresa May, the home secretary, will conduct a “proper, sober, thoughtful review” into Britain’s extradition treaty with the US amid anger at a series of deportations, David Cameron has announced.

The prime minister told MPs the home secretary would take account of the views of parliamentarians after he was asked about the case of Christopher Tappin.

The retired company director from Kent is due to be flown to the US on Friday to face allegations of selling arms to Iran. Tappin, 65, admits shipping batteries that can be used in Hawk air defence missiles but says he thought they were for use in the car industry. He said he had no idea about their eventual destination.

Tappin’s case was raised by his MP, Jo Johnson, at prime minister’s questions on Wednesday. Johnson, the MP for Beckenham and brother of the London mayor, Boris Johnson, said: “US marshals will on Friday escort my 65-year-old constituent Chris Tappin from Heathrow to a jail in Texas, where he will face pressure to plea-bargain in order to avoid lengthy incarceration pending a financially ruinous trial for a crime he insists he did not commit.

“Could the prime minister say what steps he is considering to reform the US/UK extradition treaty that been so unfair to the likes of Gary McKinnon and now my constituent, Mr Tappin?”

The prime minister indicated the government would not block the extradition of Tappin. He said: “I quite understand why [he] raises this case of his constituent. In the case of Chris Tappin obviously he has been through a number of processes including the magistrates court and the high court. The home secretary has thoroughly considered his case.”

Cameron cited an independent report last year by Lord Justice Scott Baker, which said that the 2003 Extradition Act was not “lopsided” or biased against British citizens. Critics have said that the act, drawn up in haste after the 9/11 attacks, is unfair because British citizens do not enjoy the same level of legal protection as US citizens.

Gary McKinnon, the alleged computer hacker who has Asperger’s syndrome, faces extradition under the treaty.

The prime minister said: “[Jo Johnson] raises the point more generally of Sir Scott Baker’s report into the extradition arrangements, which he has made and we are now considering. He did not call for fundamental reform.”

But Cameron said May would lead a thorough review of the extradition treaty. “The home secretary is going to carefully examine his findings and also take into account the views of parliament that have been expressed in recent debates.

“Of course balancing these arrangements is absolutely vital. But I think it is important that at the same time we remember why we enter into these extradition treaties, which is to show respect to each other’s judicial processes and make sure that people who are accused of crimes can be tried for those crimes and Britain can benefit from that as well. So a proper, sober thoughtful review needs to take place and this case shows why.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


British Fight Extradition of Babar Ahmad to US

July 29, 2011

A senior Parliamentary committee has called for the Government to take immediate action to stop the extradition of British detainee, Babar Ahmad, to the US.

The Joint Committee on Human Rights (JCHR) published a report on UK Extradition Policy, in which they investigated cases of extradition to America, where the evidence used was gathered by UK police, in the UK, about acts committed on UK soil and where the Crown Prosecution Service had decided not to prosecute. In these situations, it would be expected for the accused to be released, as with them having not been prosecuted, there would be no reason for them to be further detained. However, under Article 5(3) of the US-UK Extradition Treaty 2003, extradition is allowed where the competent authorities of the Requested State have decided not to prosecute, discontinue prosecution or are still investigating. The US has requested the extradition of Babar Ahmad under this article.

Ahmad is the longest detained-without-charge British detainee in modern history, having been held as a part of the global “war on terror” for the last six years.

Commenting on the UK’s extradition policy, particularly on Article 5(3), the JCHR stated at paragraph 196 of their report: “We recommend that the Government urgently renegotiate this article of the US-UK extradition treaty to exclude the possibility that extradition is requested and granted in cases such as that of (…) Mr Ahmad, where the UK police and prosecution authorities have already made a decision not to charge or prosecute an individual on the same evidence adduced by the US authorities to request extradition.”

This statement follows the recent comment, made by Judge Geoffrey Rivlin QC, Recorder of Westminster and Deputy High Court Judge, for Ahmad’s “ordeal” to come to an end.

Having received these recent comments, the family of Babar Ahmad are calling upon the British Government to either release him, or to put him on trial in the UK. They of course join the senior Parliamentary committee in protesting Ahmad’s extradition to the US, and are appealing to the UK’s current extradition laws.

When asked by The Muslim News about the controversial UK Extradition Policy, a Home Office spokesperson said, “The UK’s extradition arrangements are currently being reviewed by an independent panel to ensure they operate effectively and in the interests of justice.”

As the aspects of the policy that we asked about are the main aspects being questioned in the review, they felt it would be “inappropriate to comment further”.

However, the review is not expected to be completed until the end of this summer, which could prove to be too late for many victims of the UK Extradition Policy.

This article was written by Saliha Shariff and published by The Muslim News on July 29, 2011.

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Britain May Highten U.S. Extradition Requirements

September 9, 2010

Britain is likely to overhaul its extradition laws amid concerns the United States is able to fly suspects out of the U.K. with little proof they have committed a crime, a senior government minister said Wednesday.

A review of current laws would propose changes and consider whether the present rules are “unbalanced” in favor of the U.S. and against British citizens, Home Secretary Theresa May said in a statement to Parliament.

It follows worries over high profile extradition cases including hacker Gary McKinnon, who is wanted in the U.S. for allegedly breaking into American military computers, and retiree Christopher Tappin, accused of plotting to sell missile components to Iran.

Lawyers complain that under “fast track” extradition procedures introduced after the Sept. 11 attacks, the U.S. is not required to offer substantial proof of an allegation when seeking to extradite a suspect from Britain.

David Blunkett, a former Home Secretary who agreed to the arrangements, acknowledged last week that he may have gone too far in loosening the rules. Blunkett told BBC radio he may have “given too much away” to the U.S.

May told legislators she will appoint a small panel of experts to scrutinize the operation of European arrest warrants and the scope judges have to refuse requests from other countries. The panel will consider “whether the U.S.-U.K. extradition treaty is unbalanced,” she said, and is likely to report by September 2011.

The review could recommend new rules to block extradition requests in cases where an alleged crime has been committed largely in Britain but has attracted charges from another country.

The U.S. Embassy in London declined to comment on May’s announcement.

Lawyers for Tappin, a 63-year-old golf club official, argue his case should be brought before the British courts. He is alleged by Washington to have arranged to sell specialized batteries for Hawk missiles to Tehran, but to have conducted the purported deals from southern England.

May has already suspended the extradition of McKinnon, a 43-year-old who has Asperger’s syndrome, until the review is completed. McKinnon allegedly broke into 97 computers belonging to NASA, the U.S. Defense Department and several branches of the military soon after the 2001 attacks.

Figures released by the Home Office show 62 people, including 28 British citizens and dual nationals, were extradited from Britain to the U.S. between January 2004 and June 2010. During the same period, 33 people, including three people who are U.S citizens or dual nationals, were transported to Britain from the U.S.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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