Abu Hamza Al-Masri - Extradition To The United States

Extradition To The United States

On 27 May 2004, Hamza was detained on remand by British authorities and appeared before magistrates at the start of a process to try to extradite him to the United States. Yemen also requested his extradition. The United States wanted Hamza to stand trial for 11 counts relating to the taking of 16 hostages in Yemen in 1998, advocating violent jihad in Afghanistan in 2001, supporting James Ujaama in an attempt to establish a terrorist training camp in late 1999 and early 2000 near Bly, Oregon and of providing aid to al-Qaeda. Ujaama is a U.S. citizen who had met Abu Hamza in England in 1999 and was indicted in the U.S. for providing aid to al-Qaeda, attempting to establish a terrorist training camp, and for running a Web site advocating global violent jihad. Abu Hamza was in Britain throughout the relevant period.

Hamza could not face the death penalty if extradited to the United States because the UK is a signatory to the European Convention on Human Rights (ECHR). On 15 November 2007, British courts gave permission for Hamza's extradition to the U.S. Abu Hamza appealed against this decision to the European Court of Human Rights (ECtHR), Europe's highest court. In the meantime, Hamza was kept in prison after the completion of his sentence.

On 8 July 2010, the ECtHR temporarily blocked Hamza's extradition to the United States to face terrorism charges until the court was satisfied that Abu Hamza would not be treated inhumanely. The court based its judgement on ECHR which applies to British law. It is an absolute prohibition for a signatory to the ECHR to remove anyone to a place where they would be subject to inhumane or degrading treatment. In past cases, the ECtHR has prevented the UK from deporting suspected foreign terrorists to places where they might be tortured. In Hamza's case, this has been extended to refusing extradition to a country where he might be jailed for life and where the prison regime is judged to be too harsh. The ruling would apply to any extradition to the U.S. unless American authorities can guarantee in advance that the suspect will not be incarcerated in a so-called supermax prison. The court said there should be further legal argument on whether life without parole would be a breach of human rights. The court asked for fresh submissions on whether Hamza, and other prisoners awaiting extradition, would face inhumane treatment in the U.S. if they were sent there to stand trial.

On 24 September 2012, the court said he could be extradited to the U.S. to face terrorism charges. On 26 September 2012, a High Court judge halted the extradition of Hamza to the US on terror charges after the cleric launched a last-ditch appeal. On 5 October 2012, the High Court granted the UK's government's request for Hamza to be extradited to the US. The removal process took place that same evening, when Hamza was taken from Long Lartin jail to RAF Mildenhall in Suffolk, where he was placed into the custody of US Marshals. Abu Hamza arrived in the U.S. on the morning of 6 October where he will face 11 charges relating to hostage taking, conspiracy to establish a militant training camp and calling for holy war in Afghanistan. Hamza appeared in court on 6 October in New York where he was then taken into custody. He appeared in court again on 9 October and pleaded not guilty to 11 charges. Hamza is currently awaiting the delivery of new prosthetic limbs that are deemed to be suitable for a prison environment.