ECtHR finds no violation of Article 3 if alleged terrorists are extradited to the US

On 10th April 2012, in Babar Ahmad and Others v. The United Kingdom, the European Court of Human Rights held in a Chamber judgment that the extradition of five of six alleged international terrorists to the United States would not be in violation of Article 3 on the prohibition of inhuman and degrading treatment. The applicants, Babar Ahmad, Haroon Rashid Aswat, Syed Tahla Ahsan, Mustafa Kamal Mustafa (also known as Abu Hamza), Adel Abdul Bary, and Khaled Al-Fawwaz, were indicted in the United States on terrorism-related charges between 1996 and 2006. The United States requested their extradition, and so all six applicants were arrested in the UK. The Court adjourned Mr Aswat’s application pending further submissions as he is detained in Broadmoor Hospital due to his schizophrenia. The Court determined that the conditions at ADX Florence, a restricted “super-max” prison that prohibits human contact by enforcing solitary confinement, would not amount to ill treatment. It found that considering the applicants are a significant security risk restricting their communications was justified. The British Government will submit their observations regarding the mental health condition of Mr Aswat by 9 May 2012.


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