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Extradition
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Pietro_Mercurios
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PostPosted: 25-02-2012 08:49    Post subject: Reply with quote

rynner2 wrote:
Quote:
Christopher Tappin extradited to US on missile charges

A Briton extradited to the US for allegedly selling batteries for Iranian missiles has been taken into custody after arriving in Texas.
Retired businessman Christopher Tappin, 65, landed in Houston at 23:00GMT, after flying in from Heathrow.
He will make his first court appearance in El Paso on Monday.

Dan Cogdell, Mr Tappin's lawyer in the US, said he would "vigorously argue" for his client to be released on bail.
"There is no reasonable basis to believe that he is a flight risk or a danger. He is a respected businessman with no criminal record whatsoever," Mr Cogdell told BBC News.

Mr Tappin, of Orpington, south-east London, has fought against extradition through the British courts after being charged in the US with conspiring to export batteries which could be used in Hawk air defence missiles.
He faces a trial and a possible 35-year jail sentence - but says that he is the victim of entrapment.

British judges say the extradition is lawful and the European Court of Human Rights in Strasbourg has refused to intervene.

Mr Tappin's lawyer, Karen Todner, said her client would likely enter into a plea agreement to reduce any sentence that may be imposed.

Last week the European Court of Human Rights refused to intervene in his case. Mr Tappin, a former president of the Kent Golf Society, was ordered to present himself to Heathrow Airport to be taken to the US for trial.
He left his house at around 08:00 GMT and arrived at Heathrow police station accompanied by his wife Elaine.
Shortly after 10.30am, British extradition officers took Mr Tappin to a plane where he was handed over to US marshals.

He will now be kept in custody over the weekend until his first court appearance on Monday morning and is not expected to be granted bail until Thursday or Friday.

On his arrival at Heathrow, Mr Tappin told reporters it was a "disgrace" that he was being extradited.

On Wednesday, Prime Minister David Cameron said that Mr Tappin's case had been thoroughly considered by Home Secretary Theresa May - but that she was also looking carefully at the full findings of last year's extradition review.
Mr Tappin said: "I look to Mr Cameron to look after my rights and he has failed to do so.
"The Conservative government, while in opposition, promised to reform the law and they failed to do so and they've let me down, they've let you down, they've let the whole country down."

Mr Tappin said he was "not very confident at all" about the case because his witnesses were not permitted to testify via video and would not appear in person in the US.
Speaking to the BBC earlier, Mr Tappin attacked the UK-US Extradition Treaty, saying he felt he had been treated "very unfairly" by the British justice system.

...

On Thursday, US Secretary of State Hillary Clinton said that under the UK-US extradition treaty, certain procedures had to be followed and that was what had happened in Mr Tappin's case.

Critics of the treaty say it makes the extradition of British nationals easier because the US authorities have to produce less evidence to support their case.

But last year, a massive review of extradition by a senior judge found that the treaty was fair to British citizens.

http://www.bbc.co.uk/news/world-us-canada-17162440


This case makes me feel sick. Credit to Mr. Tappin for handling himself with dignity - in a similar situation I'd have been tempted not to comply, making the authorities drag me kicking and screaming away, thereby shaming the government and the legal system. Since the case seems to be stitched up anyway, there'd be nothing to lose. What's happened to the much vaunted Human Rights in this case? It seems they only do apply to terrorists. Evil or Very Mad

A shameful abrogation of UK national sovereignty.
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PostPosted: 01-03-2012 15:48    Post subject: Reply with quote

A landmark decision. The European Arrest Warrant is being used to by pass normal extradition procedures. There are more links with background materiel on the case at the url below.


Ian Bailey wins extradition appeal
Quote:
http://www.irishtimes.com/newspaper/breaking/2012/0301/breaking7.html
MARY CAROLAN

Thu, Mar 01, 2012

Ian Bailey walked free from the Supreme Court today after it unanimously granted his appeal against his extradition to France over the murder of film-maker Sophie Toscan du Plantier in 1996.

Speaking after the ruling, the Manchester-born former journalist - who has always denied any involvement in the murder in Schull, Co Cork - said he was "thrilled" at the outcome.

All five judges upheld Mr Bailey's argument that his extradition should be refused on the ground there is no actual intention by the French authorities to "try" him at this stage, as required by the European Arrest Warrant Act 2003 which implemented the European Framework Decision on Extradition.

The Chief Justice, Ms Justice Susan Denham, said it was clear from the facts of the case, including a document from the French prosecuting authorities which was only provided to the court in January during the appeal hearing, that while a decision had been made in France equivalent to charging Mr Bailey, that did not incorporate a decision to "try" him for murder.

Four of the judges also upheld Mr Bailey's argument that Section 44 of the European Arrest Warrant Act 2003 prohibits surrender because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence when committed outside its territory by a non-Irish citizen.

Mr Justice Adrian Hardiman said this case was "unique on its facts and also of considerable legal importance".

There did not appear to be a previous case where the forcible delivery of an Irish resident, long established in Ireland although not an Irish citizen, to another country was requested so he could be subjected to proceedings there for an offence allegedly committed in Ireland.

This request for forcible delivery was also made some 13 years after the crime was alleged committed and after the Irish DPP had decided, following a detailed analysis of the case, the evidence did not warrant a prosecution of Mr Bailey, he said.

However, the judge observed the State had said such factors were "totally irrelevant" to this case. Given its findings on those issues, the court said it did not have to consider another ground of the appeal which contended surrender would be an abuse of process and focuses on new material provided last November to Mr Bailey's lawyers.

Martin Giblin SC, with Gavin Simons SC, for Mr Bailey, indicated that matter may be addressed in other proceedings.

The new material includes a review carried out in 2001 by the DPP's office which criticised the Garda investigation into the murder and set out why former DPP Eamonn Barnes decided not to prosecute Mr Bailey. The State previously said the Minister for Justice, Garda Commissioner, the Superintendent heading the murder investigation and entire force disputed matters in that review, objected to it being admitted and wanted an opportunity to respond to it.

Mr Justice John Murray had previously remarked that, if it proved unnecessary to address the new material, it would be "a relief" to the entire Garda not to have to deal with it. The DPP had said this was a "thoroughly flawed" investigation, he said.

The other judges who allowed the appeal were Mr Justice Nial Fennelly and Mr Justice Donal O'Donnell.

Outside Dublin’s Four Courts, Mr Bailey, who is taking legal action against the State for wrongful arrest, said he and his partner Jules Thomas have been through hell. “This has obviously been a very trying time,” he said. “I am obviously relieved that this particular part of the proceedings is over. There are many stages and matters still to be dealt with.”

Mr Bailey said the last few years have been very hard. “You wouldn’t be able to believe the hell that we have been put went through by this awfulness,” he added.
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PostPosted: 05-03-2012 22:09    Post subject: Reply with quote

Megaupload founder extradition papers filed by US

A formal request for the extradition of Megaupload's founder has been filed in New Zealand by the US government.
Prosecutors had had 45 days to make the application following Kim Dotcom's arrest in January. The papers also call for the extradition of three other senior members of Megaupload's staff.
The men are accused of helping make it possible for users to illegally download copyrighted material through their file-sharing site.
The accused deny criminal misconduct.

New Zealand court officials said the papers were filed on Friday. An extradition hearing has been scheduled for 20 August.
The US has accused Megaupload's staff of racketeering, copyright infringement, money laundering and wire fraud among other charges.
Prosecutors allege that the website cost copyright holders more than $500m (£320m; 380 euros) in lost revenue.

However, Mr Dotcom has described the scale of the claim as "nonsense", telling New Zealand's Channel 3 News that: "I'm no piracy king, I offered online storage and bandwidth to users and that's it."
Mr Dotcom - a German national - was released on bail 12 days ago despite protests by the US that he posed an extreme flight risk.

However, a judge ruled that an electronic monitoring bracelet that he has to wear and the fact that his assets had been seized had reduced that risk.

Pending the hearing to determine if he should be sent to stand trial in the US, Mr Dotcom has been forbidden to use the internet and has been ordered to remain within the grounds of his leased Auckland estate.

http://www.bbc.co.uk/news/technology-17257308
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PostPosted: 13-03-2012 09:13    Post subject: Reply with quote

David Cameron 'not sympathetic' to plight of alleged arms dealer Christopher Tappin ahead of Obama meeting
David Cameron is “not particularly sympathetic” to the plight of the alleged arms dealer Christopher Tappin and does not intend to discuss his case during a meeting with President Obama, The Daily Telegraph understands.
By Gordon Rayner and Robert Winnett
9:30PM GMT 12 Mar 2012

Mr Cameron is reluctant to intervene because of mounting prima facie evidence against the British businessman, who is accused of plotting to sell missile parts to Iran.
The Prime Minister believes Mr Tappin, who faces up to 35 years in jail if he is tried and convicted of selling arms to a rogue state, has serious questions to answer.

Court papers seen by the Telegraph allege that Mr Tappin “discussed the specifics of the plot” with undercover federal agents, and talked about using “false invoices” to disguise the military use of the components.

Mr Tappin, 65, from Orpington in Kent, claims he thought batteries he arranged to buy from the US were for use in the car industry, and had no idea they were for Hawk surface-to-air missiles.
But an alleged co-conspirator, who was convicted of his part in the “plot”, told a court that Mr Tappin “told him of the batteries’ military application”.

Mr Tappin is being held on remand in a jail in New Mexico after being denied bail following his extradition last month. His family and friends, who include the UKIP leader Nigel Farage, have raised a 4,000-signature petition demanding that Mr Cameron debates the US-UK extradition treaty with Mr Obama.

But well-placed sources have told the Telegraph that while Mr Tappin’s case “may” come up in discussions during Mr Cameron’s two-day trip to the US, it is not on the main agenda.

Mr Cameron’s stance over Mr Tappin contrasts sharply with his views on Gary McKinnon, the Asperger’s Syndrome sufferer who is fighting extradition for allegedly hacking US military computers, where the Government believes there is a genuine issue.

etc...

http://www.telegraph.co.uk/news/politics/david-cameron/9139055/David-Cameron-not-sympathetic-to-plight-of-alleged-arms-dealer-Christopher-Tappin-ahead-of-Obama-meeting.html
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PostPosted: 13-03-2012 10:09    Post subject: Reply with quote

rynner2 wrote:
Mr Cameron’s stance over Mr Tappin contrasts sharply with his views on Gary McKinnon, the Asperger’s Syndrome sufferer who is fighting extradition for allegedly hacking US military computers, where the Government believes there is a genuine issue.


I guess Mr Tappin had better get himself diagnosed with Aspergers pretty quick...
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PostPosted: 13-03-2012 10:27    Post subject: Reply with quote

Quote:
Mr Cameron’s stance over Mr Tappin contrasts sharply with his views on Gary McKinnon, the Asperger’s Syndrome sufferer who is fighting extradition for allegedly hacking US military computers, where the Government believes there is a genuine issue.



Or, more likely, the McKinnon case was a useful stick to beat the previous government with while in opposition. Much trickier to break a treaty when you're in power. Cameron & co are remarkably quiet on the McKinnon case now, which as I predicted at the time has been kicked into the long grass with various reviews.

Whilst I disagree with US law enforcement's frequent use of agents provocateur, if there is any truth to this:

Quote:
Court papers seen by the Telegraph allege that Mr Tappin “discussed the specifics of the plot” with undercover federal agents, and talked about using “false invoices” to disguise the military use of the components.


Mr Tappin is looking like a rather less sympathetic defendant than the Telegraph has been painting him.
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PostPosted: 20-03-2012 08:25    Post subject: Reply with quote

Briton Graham Mitchell faces Portugal extradition
By Danny Shaw, Home affairs correspondent, BBC News

A man from Kent says his world has been "turned upside down" after being told he faces extradition for a crime he thought he had been acquitted of 17 years ago.
Graham Mitchell, 49, a photographer, was arrested this month by British police, acting for the Portuguese authorities, on a European Arrest Warrant (EAW).
They want him to stand trial for attempting to murder a German tourist during a holiday in the Algarve.

Mr Mitchell told BBC News, in his first interview since his arrest, that he believed the Portuguese had made an "administrative blunder".
The former Scots guardsman, who now lives in Canterbury with his wife and two children, said he was terrified at the prospect of returning to Portugal where he spent more than a year in prison awaiting trial in conditions he described as "hellish".

He said: "Our life's been turned upside down and inside out. Nothing's the same. Every waking moment is a constant worry.
"It's getting back to like when it was when I first came back from Portugal - it's hell on earth."

Mr Mitchell and his friend, Warren Tozer, were on a short break in Albufeira in May 1994 when they were arrested by Portuguese police investigating a serious assault on Andre Jorling, a 26-year-old German.
Jorling had sustained severe injuries after falling off a 12 ft-high sea wall. He was left paralysed from the waist down.

But at their trial in 1995 Mr Mitchell and Mr Tozer were cleared; they were given their passports back and allowed to return to the UK.
A TV crew from BBC One's Panorama programme was covering the case at the time and filmed the court proceedings.
The footage clearly shows that the judge dismissed the case against the two Britons. They are shown smiling and embracing before leaving the courtroom.

Mr Mitchell, who was treated for post-traumatic stress disorder following his prison ordeal, said he had re-built his life and was the happiest he had ever been until there was a knock at his door from police on 6 March this year.

He said that in "hushed tones" police informed him that the Portuguese had requested his extradition for "first degree murder".
It is thought the phrase, used on some of the documents, may be a translation error because other paperwork refers to the attempted murder of Jorling, who is still believed to be alive.
Mr Mitchell was held overnight in Wandsworth Prison in south London before being released on bail. He has already appeared at Westminster Magistrates' Court and has another court hearing next week.

Alex Tinsley, strategic case worker at the Fair Trials International campaign group which is helping Mr Mitchell, said the extradition request was baffling.
"There's a huge unanswered question - which is, why this warrant has been issued when a trial on these charges has already taken place and came to an end and was thrown out."
Mr Tinsley said the extradition request could be a "mistake" and hoped common sense would prevail, but added that he was aware of previous cases in which suspects had been sent for trial even though such a move appeared to be unfair.

"We at Fair Trials International regularly deal with cases where judges feel that cases shouldn't go ahead to extradition but they feel powerless to stop it," he said.
"That is a systemic problem with the European Arrest Warrant - it just operates as a streamlined system with no possibility for judges to apply reasonable safeguards."

The case of the football supporter, Garry Mann, illustrated the difficulties UK courts have encountered in blocking seemingly unreasonable extradition requests.
Mann was sent back to Portugal to serve a prison term in 2010, six years after being allowed to leave the country.

In 2009, Edmond Arapi, an Albanian man living in Staffordshire, was detained by British police at the request of the Italian authorities who had convicted him of murder in his absence.
Mr Arapi had a cast-iron alibi but it took a year before the Italians withdrew the extradition request, finally admitting that they had mixed up his identity with someone else.

One theory for Mr Mitchell's arrest is that the Portuguese may have uncovered new evidence on which to put him on trial again.
But the authorities there have given no indication so far that they have such evidence.

And under the European Arrest Warrant scheme domestic courts have few powers to test the evidence underpinning a request for extradition because courts are not obliged to consider the merits of the case.

That was one of the concerns that led the home secretary, Theresa May, to commission a review of the system.
The review, led by Sir Scott Baker, a retired judge, set out proposals to ensure that suspects were not transferred between countries for relatively minor crimes.
But Sir Scott concluded that, overall, the EAW scheme was operating "satisfactorily" and contained "formidable" safeguards against abuse.
He said there was nothing he had seen to suggest that EAWs were being issued in cases where there was "insufficient evidence".

The Home Office said it would respond to the recommendations shortly.
A spokeswoman said: "The government is reviewing the UK's extradition arrangements to ensure they work efficiently and in the interests of justice."
She added: "We will continue to press EU countries to consider proportionality when issuing European Arrest Warrants."

http://www.bbc.co.uk/news/uk-17440916
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Quake42Offline
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PostPosted: 06-04-2012 16:38    Post subject: Reply with quote

I don't know if anyone's been following this case, or saw the BBC interview. I get the impression that the UK authorities are desperate to offload Ahmad on to someone else, hence the insistence he be tried in the US.

I suspect he's a nasty piece of work but it seems astonishing he has been held on remand for over seven years.

Quote:
Babar Ahmad appeals for trial to be held in UKBy Dominic Casciani

A British terrorism suspect, held for a record seven years without trial, has appealed to be prosecuted in the UK.

In an exclusive interview with the BBC, Babar Ahmad accused the police and prosecutors of mishandling his case.

Mr Ahmad has been battling against extradition to the United States. He will find out next Tuesday if he will be sent to America.

The Metropolitan Police and Crown Prosecution Service have denied impropriety.

The unprecedented interview in the maximum security Long Lartin Prison came after the BBC challenged a government ban on filming Mr Ahmad.

The High Court ruled that there was an overwhelming public interest in hearing Mr Ahmad discuss his case, because of his unique situation.

"I have been in prison now for nearly eight years without trial," Mr Ahmad said.

"I am facing extradition to the US to spend the rest of my life in solitary confinement. I have never been questioned about the allegations against me.

"I do not hold the Americans responsible for anything that has happened to me, but I think it is fair to say that I am fighting for my life - and I am running out of time."

The 37-year-old from Tooting in south London was arrested in 2004 on an extradition warrant from the United States.

US prosecutors say he headed a terrorist "support cell" in London through a website called Azzam.com. He faces life imprisonment if convicted.

Scotland Yard had arrested Mr Ahmad the previous year, but released him without charge.

In his BBC interview, he says that the seven years he has spent in prison battling the US warrant are the result of a failure by British authorities to charge him.

Evidence 'not considered'

He claims material seized during his arrest was sent to the United States, rather than being used against him in a trial in the UK.

"Had the Police and CPS put me on trial in 2003, which they have could have done, I would have left prison years ago - regardless of the verdict at trial.

"But due to the inability of the police to pass the case onto the CPS, they outsourced my case to the Americans and asked them to seek my extradition. As a result of that, I have been in this nightmare fighting extradition for the last eight years."

Mr Ahmad says his lawyers have lobbied the CPS to bring charges in this country, saying that other suspected terrorists have been prosecuted here for comparable offences.

Some of these suspects have been prosecuted for having material that originated from the website he is alleged to have run.

"They can resolve this now by bringing charges against me tomorrow. They have all of the material. I would urge the director of public prosecutions to consider this file."

His case has been with the European Court of Human Rights and a judgement has been repeatedly delayed because of complicating factors.

Next Tuesday, the court will rule on Mr Ahmad's extradition, along with other terrorism suspects wanted by the United States.

Mr Ahmad's alleged website played a key role in the late 1990s onwards in creating and providing support for Mujahideen fighters across the world.

Although he is not charged with direct involvement or membership of al-Qaeda, the US says he supported Chechen fighters, the Taliban and also received a classified US Naval document.

Mr Ahmad refused to say whether he ran the mujahideen website, saying he had a right to clear his name in a trial in the UK.

But he added: "I absolutely reject any allegation that I supported terrorism in any way, in any place, whether in Afghanistan, Chechnya or any other part of the world. I believe terrorism to be wrong and I believe the targeting and killing of innocent people to be wrong."

In a statement, Scotland Yard said: "The Metropolitan Police Service carried out their investigation strictly in accordance with UK law. This process involved close liaison with the Crown Prosecution Service. We completely reject any suggestion of impropriety.

"All extradition requests made to the United Kingdom are subject to the Extradition Act and any other relevant legislation. The CPS acts as the representative of the requesting judicial authority in extradition proceedings."

More than 140,000 people signed an official government e-petition last year supporting his campaign against extradition, making his case one of only 10 petitions to have garnered enough support for a House of Commons' debate.

The CPS confirmed to the BBC that it has only seen "a small number of documents gathered as evidence by the police in this country" and those had been insufficient for a prosecution.

"At the time this decision was made, domestic prosecutors were aware of the nature of the evidence in the possession of the US, but the entirety of the evidence was never subject to review in this country as it formed part of the case built by the US and was held there."

Mr Ahmad's lawyers say that the publicly available US papers show that the American charges are based on British evidence.

"This case has been heard extensively throughout the UK courts who have held that the US authorities have jurisdiction and are entitled to seek Mr Ahmad's extradition. Mr Ahmad has appealed those decisions and is now awaiting the decision of the European Court of Human Rights."


http://www.bbc.co.uk/news/uk-17614935
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PostPosted: 06-04-2012 17:04    Post subject: Reply with quote

Quake42 wrote:
A British terrorism suspect, held for a record seven years without trial, has appealed to be prosecuted in the UK.

Coincidentally, just this afternoon I started a new book* about a Pakistani doctor, working in London, who is arrested on suspicion of terrorism.

His solicitor arranges for him to go before a Special Immigration Appeals Commission. But as he will be represented there by a certain Rumpole of the Bailey, I expect his chances of a successful outcome are somewhat higher than those of Babar Ahmad...


*Rumpole and the Reign of Terror, by John Mortimer, 2006
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PostPosted: 08-04-2012 06:46    Post subject: Reply with quote

Home Office website disrupted; 'Anonymous' group blamed

The hacking group Anonymous is alleged to have disrupted access to the Home Office website, apparently in protest at government policies.
The website became inaccessible around 21:00 BST on Saturday, and service was patchy from 05:00 on Sunday
An Anonymous Twitter message warned of the attack on 4 April.

One message on Twitter said it was a protest against "draconian surveillance proposals" but another claimed it was over extradition from the UK to the US.
There were also claims on Twitter that the 10 Downing Street website had been targeted as part of the same protest.
This was dismissed by a Downing Street spokesman - but access to Number 10's site was slow and intermittent for a time.

It is not clear whether the protest was against email surveillance or extradition, but it could be both.
One tweet claiming to be from Anonymous said: "You should not give UK citizens to foreign countries without evidence. If an offence happened in the UK, so should the trial."

Last month the Commons Home Affairs Select Committee said major changes were needed to the UK-US extradition treaty to restore "public faith".
The MPs said they believed it was "easier to extradite a British citizen to the USA than vice versa".

Gary McKinnon, who has Asperger's syndrome, has been fighting extradition to the US for 10 years.
Mr McKinnon, of north London, is accused of hacking US military computer systems in 2002.

Chris Tappin, of Orpington, south-east London, was extradited to the US on 24 February over allegations of arms dealing.
It has been claimed he conspired to sell batteries for use in Iranian missiles.

Student Richard O'Dwyer, of Chesterfield, is also fighting extradition on copyright infringement charges on a website he ran from the UK.

Earlier in the week the Home Office said it planned to "legislate as soon as parliamentary time allows" to bring in email surveillance measures.
Ministers say change is needed to help fight crime and terrorism, but critics warn it is an attack on privacy.

After the website was disrupted on Saturday evening a Home Office spokesman said: "We are aware of some reports that the Home Office website may be the subject of an online protest.
"We have put all potential measures in place and will be monitoring the situation very closely."
"If a successful denial of service attempt does occur tonight, we will liaise with the technical team and update as necessary," he added.

Anonymous is a loose group of "hacktivists" who came to the fore in 2010 in the wake of the emergence of Julian Assange's Wikileaks website.
Anonymous began by aiming distributed denial-of-service (DDoS) attacks on websites, like the credit card firm Visa, who had withdrawn services from Wikileaks.
But it has gradually changed into a grouping which claims to battle government surveillance and attempts to police the internet.

...

http://www.bbc.co.uk/news/uk-17648852
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PostPosted: 24-04-2012 06:21    Post subject: Reply with quote

Extradited Briton Christopher Tappin granted bail in US

A Briton extradited to the US over allegations of arms dealing has been allowed bail by a Texas court.
Chris Tappin, 65, of Orpington, south-east London, was extradited in February and held in jail after prosecutors claimed he was a flight risk.

Bail has now been set at $1m (£620,000), of which Mr Tappin's family must post $50,000 (£31,000) up front.
He denies trying to sell batteries for use in Iranian missiles. He says he was the victim of an FBI sting
His US lawyer Kent Schaffer said that Mr Tappin would be released from custody in New Mexico later this week.
He will then surrender his passport, and be restricted to travel only in Houston and El Paso, Texas.

Mr Tappin's wife Elaine, said she had not yet had the chance to speak to her husband, but plans to visit him as soon as possible.
"Chris has been unnecessarily locked up for over eight weeks in the middle of the New Mexico desert, abandoned by the authorities in his own country without even having had a chance to clear his name.
"At least now he can begin to examine the prosecution's case with his lawyers and prepare to challenge at trial the allegations which he denies," she added.

In a statement, Mrs Tappin also thanked the "invaluable" support of the public, many of whom she said have written to their MPs and the home office to demand action.
She added: "British citizens should not be packaged off thousands of miles away from home without having seen the evidence against them, without having been able to challenge the decision on jurisdiction for trial in the British courts."

The retired businessman's extradition is one of a number of recent cases that have fuelled controversy surrounding the UK-US extradition treaty.
Critics say the treaty makes the extradition of British nationals easier than extraditing US nationals because the US authorities have to produce less evidence to support their case than their British counterparts.
But a review by senior judge Sir Scott Baker last year found the treaty was fair to British citizens.

During a visit to the US last month, Prime Minister David Cameron said he wanted to review the working of the extradition arrangements and raised the issue in talks with President Barack Obama.

Mr Tappin, a former president of the Kent Golf Society, faces a trial on offences which carry a sentence of up to 35 years in jail.
British judges say the extradition is lawful and the European Court of Human Rights in Strasbourg has refused to intervene.

http://www.bbc.co.uk/news/uk-17820402
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PostPosted: 24-09-2012 21:43    Post subject: Reply with quote

Abu Hamza and Babar Ahmad extradition approved

The European Court of Human Rights has given its final approval for the extradition of five major terrorism suspects from the UK to the US.
The court's highest judges said they would not re-open the cases of Abu Hamza al-Masri, Babar Ahmad and others.
The decision means that the extradition of the men, wanted for years by the US, is likely to happen within weeks.

The Home Office welcomed the decision, saying it would ensure the extraditions happened as quickly as possible.
The men had argued they would face inhumane treatment in the United States if they were sent there.

Abu Hamza is accused of planning a terror training camp in the US and assisting hostage-taking in Yemen.

The US says that Mr Ahmad and his co-accused, Syed Talha Ahsan, ran a jihadist website in London that provided material support for terrorism.

Adel Abdul Bary and Khaled al-Fawwaz are accused of being aides to Osama bin Laden in London.

In a statement, the Strasbourg court said: "On 10 April 2012 the European Court of Human Rights held, in the case of Babar Ahmad and Others v. the United Kingdom, that there would be no violation of the applicants' rights if extradited to stand trial in the United States.

"On 9/10 July 2012, five of the applicants lodged a request for referral of the case to the Grand Chamber. Today the Grand Chamber Panel decided to reject the request. This means that the Chamber judgment of 10 April 2012 is now final."

Abu Hamza had alleged that he faced inhumane and degrading treatment if imprisoned for life without possibility of parole.

The other four men said that they faced an inhumane regime of solitary confinement in a special "supermax" prison.

A Home Office spokesman said: "The Home Secretary welcomes today's decision not to refer the cases of Abu Hamza and four others to the Grand Chamber. This follows the judgment of the European Court of Human Rights on April 10 to allow the extradition of these five terrorism suspects to the US.
"We will work to ensure that the individuals are handed over to the US authorities as quickly as possible."

Labour MP Keith Vaz, who chairs the Home Affairs Select Committee, welcomed the decision: "I think we've been waiting a very long time for Abu Hamza to be extradited."
"He went to the European Court and he tried to delay matters but now the decision has been taken so this clears the way for the Home Office to take action as quickly as possible against him and Adel Bary and Khaled Fawwaz - because they have all got histories of involvement in terrorism."

But Mr Vaz said there was "a concern" about Babar Ahmed and Talha Ahsan because "their family and the campaigners supporting their case point to the fact that there is a problem as far as the evidence is concerned - evidence that was handed straight over from the police to the American authorities - and they've asked the DPP [Director of Public Prosecutions] to reconsider matters.
"Indeed I, as chairman of the committee, have written following the request that they made to us."


The five cases go back many years: Abu Hamza and Mr Ahmad have been in custody since 2004, and Mr Ahsan since 2006; the arrests of Mr Bary and Mr al-Fawwaz date back to 1998, making them the longest-held detainees without trial in the UK.
Abu Hamza was convicted in 2006 of charges including soliciting to murder and stirring up racial hatred, and given a seven-year jail sentence.

Following the European ruling on Monday, US Justice Department spokesman Dean Boyd 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 UK authorities on the arrangements to bring these subjects to the United States for prosecution."

Mr Ahmad's family said: "The decision of the Grand Chamber is largely irrelevant to us as this matter should never have come to this stage had the British police done their job almost nine years ago and provided the material seized from Babar's home to the CPS (Crown Prosecution Service), rather than secretly passing it to their US counterparts."

They said the CPS had all the information that was the basis for the US accusations and Mr Ahmad should immediately be prosecuted in the UK for conduct allegedly committed in the country.
"Moreover, a British businessman Karl Watkins has recently commenced his own private prosecution of Babar based on the principle of the matter.
"We now call on the home secretary to immediately undertake to halt any extradition until the Director of Public Prosecutions makes a decision on this material that been in his possession for several months."

http://www.bbc.co.uk/news/uk-19706404
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ramonmercadoOffline
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PostPosted: 24-09-2012 22:46    Post subject: Reply with quote

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The US says that Mr Ahmad and his co-accused, Syed Talha Ahsan, ran a jihadist website in London that provided material support for terrorism.

Adel Abdul Bary and Khaled al-Fawwaz are accused of being aides to Osama bin Laden in London.


If they are alleged to have committed crimes in the UK then surely they should be tried there rather than etradited.
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Quake42Offline
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PostPosted: 24-09-2012 23:15    Post subject: Reply with quote

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If they are alleged to have committed crimes in the UK then surely they should be tried there rather than extradited


In Ahmad's case I think the issue is that the website was hosted in the US - allegedly deliberately so as to take advantage of fewer restrictions on extreme jihadi material. If so that plan seems to have backfired.
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PostPosted: 24-09-2012 23:37    Post subject: Reply with quote

Quake42 wrote:
Quote:
If they are alleged to have committed crimes in the UK then surely they should be tried there rather than extradited


In Ahmad's case I think the issue is that the website was hosted in the US - allegedly deliberately so as to take advantage of fewer restrictions on extreme jihadi material. If so that plan seems to have backfired.


In that case he is hoist by his own petard.
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