[Andrew Rosindell in the Chair] — backbench business — Extradition

Part of the debate – in Westminster Hall at 4:27 pm on 24 November 2011.

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Photo of Caroline Lucas Caroline Lucas Leader of the Green Party 4:27, 24 November 2011

I would be happy to take advice from other hon. Members on that, but a vote should consider the design of this country’s extradition treaty, so that it is not imbalanced, as it currently seems to be. I would like such a vote to refer directly to Babar but I understand why others may not. This is a point of general principle, illustrated clearly by the case of Babar Ahmad.

Members have heard the circumstances of Babar Ahmad’s arrest in 2003, and the fact that he sustained at least 73 injuries, all later documented by police and independent doctors. He filed a formal complaint, stating that he had been subjected to horrific physical, sexual and religious abuse by the arresting police officers. In March 2009, the Metropolitan police force finally admitted liability in the royal courts of justice in London and said that it had carried out the assault on Babar Ahmad in December 2003. The then Metropolitan Police Commissioner, Sir Paul Stephenson, admitted that Babar had been the victim of a

“serious, gratuitous and prolonged attack.”

In March 2009, Babar was awarded £60,000 compensation by the High Court. He is now, however, in his eighth year at a top-security prison, even though he has been found to have no case to answer in this country. The US has alleged that Babar was running a website that solicited funds for terrorist organisations, including al-Qaeda and Chechen rebels. That is a serious accusation, and there should, of course, be a trial. Babar and his family desperately want the case to stand trial but wish that to take place in the UK, not in the US, so that he can clear his name. That is partly because Babar is a British citizen and accused of having committed crimes in the UK, and partly because going to the US would separate him from his family, friends and legal representatives, and seriously undermine his ability to mount a strong defence.

Babar’s lawyers point out that other comparable prosecutions are proceeding in the UK. Nevertheless, in July 2004 and December 2006, the Crown Prosecution Service declared—as did the Attorney-General, Lord Goldsmith, in September 2006—that there was “insufficient evidence” to charge Babar Ahmad with any criminal offence under UK law, and that he should be extradited to the US. Last night, in a shocking turn of events, Babar’s lawyers received a letter from the CPS, which admitted for the first time that it was never given the evidence that was sent to the US, apart from “a few documents.” The bulk of the evidence was shipped straight to the US by the police. Astoundingly, although we had previously been led to believe that the CPS had viewed all the evidence and judged it insufficient to bring the case to trial in the UK, we now have a confession that it had not even seen all the evidence, let alone investigated it properly. A proper decision has not been made on whether a prosecution can go ahead in the UK.

After talking to the lawyers involved, I understand that the CPS knew all along that it had not been given all the evidence. However, it let Babar Ahmad languish in a maximum security prison with the threat of extradition to the US, under the false belief that the CPS had seen all the evidence against him. If that is the case, it is appalling and raises serious questions about why evidence that should have been given to the CPS was not produced, and why Babar was not told about it. Who directed and authorised that circumvention of the CPS, apparently in deference to and at the behest of the US?

The issue is simple: either there is evidence or there is not. If there is evidence, a prosecution should go ahead in the UK. The CPS must immediately obtain a copy of all the evidence, which was gathered in the UK by UK authorities, and it must then review that evidence together with its decision on whether to prosecute in the UK. Given the new revelation from the CPS, it seems—appallingly—that UK authorities deferred to the US, thereby subverting the process that should have been followed and denying Babar Ahmad a trial in this country. Because of the seriousness of the case, it is appropriate to call today for a full public inquiry into what has gone on.

On 10 June 2007, the European Court of Human Rights ordered the UK Government to freeze Babar Ahmad’s extradition until it had fully determined his final appeal. The European Court has declared that Babar’s application is partially admissible and now awaits further observations from the UK Government on the life sentence without parole, in solitary confinement in a supermax prison, that Babar faces if extradited to the United States. The final decision is expected before the end of the year.

It is astonishing that the previous Government passed an Act that does not require the presentation of any prima facie evidence by the US when they wish to extradite a UK citizen. That must be changed urgently, and the way to start such a process is by holding a debate in the main Chamber and having a vote as soon as possible.

In addition to enormous public support, this case also has cross-party backing, together with the support of the Joint Committee on Human Rights, the Home Affairs Committee, and 100 senior barristers and solicitors who wrote to the Leader of the House this week, requesting that the matter be properly debated in the main Chamber of the House of Commons. Today’s revelations by the CPS make the case for a full debate with a vote even more urgent, and I hope that the Government will look favourably at the issue.