Extradition from Britain—Babar Ahmad Update

A decision has been made in the long and protracted extradition battle in the United Kingdom for terrorism suspect Babar Ahmad.^[1] British Home Secretary Charles Clarke has order Mr. Ahmad to be extradited to the United States, but Mr. Ahmad’s family has announced that they will appeal the decision.^[2]

If you recall, we noted just under a month ago that Mr. Ahmad’s extradition case was taking a surprisingly long time. Secretary Clarke defended the fact that he had to request and receive two two-month extensions: noting that “[l]egal battles surrounding extradition cases have been known to drag on for years,” the new Extradition Act of 2003 [hereinafter Act] was having “positive effects” and that many cases have been resolved in six months or less.^[3] Mr. Ahmad was arrested at the behest of the United States in August of 2004, but he is by no means the longest-serving prisoner waiting for an extradition decision; that dubious distinction goes to Rachid Ramda, who is wanted in France and has been in an UK prison for 10 years.^[4]

The Act has given extradition suspects only a single right of appeal to the high court, with a further right of appeal to the House of Lords if leave is granted.^[5]

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[1] Terror Suspect to be Extradited to US, The Guardian, Nov. 16, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id. See also Extradition Act, 2003, §§ 26, 32.