July 29, 2011 - The International Extradition Law Daily | Extradition | Prosecutor

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Friday, July 29, 2011

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British Fight Extradition of Babar Ahmad to US
McNabb Associates, P.C. (U.S. Extradition Attorneys)
Submitted at 9:17 AM July 29, 2011

A senior Parliamentary committee has called for the Government to take immediate action to stop the extradition of British detainee, Babar Ahmad, to the US. The Joint Committee on Human Rights (JCHR) published a report on UK Extradition Policy, in which they investigated cases of extradition to America, where the evidence used was gathered by UK police, in the UK, about acts committed on UK soil and where the Crown Prosecution Service had decided not to prosecute. In these situations, it would be expected for the accused to be released, as with them having not been prosecuted, there would be no reason for them to be further detained. However, under Article 5(3) of the US-UK Extradition Treaty 2003, extradition is allowed where the competent authorities of the Requested State have decided not to prosecute, discontinue prosecution or are still investigating. The US has requested the extradition of Babar Ahmad under this article. Ahmad is the longest detainedwithout-charge British detainee in modern history, having been held as a part of the global “war on terror” for the last six years. Commenting on the UK’s extradition policy, particularly on Article 5(3), the JCHR stated at paragraph 196 of their report: “We recommend that the Government urgently renegotiate this article of the US-UK extradition treaty to exclude the possibility that extradition is requested and granted in cases such as that of (…) Mr

Ahmad, where the UK police and prosecution authorities have already made a decision not to charge or prosecute an individual on the same evidence adduced by the US authorities to request extradition.” This statement follows the recent comment, made by Judge Geoffrey Rivlin QC, Recorder of Westminster and Deputy High Court Judge, for Ahmad’s “ordeal” to come to an end. Having received these recent comments, the family of Babar Ahmad are calling upon the British Government to either release him, or to put him on trial in the UK. They of course join the senior Parliamentary committee in protesting Ahmad’s extradition to the US, and are appealing to the UK’s current extradition laws. When asked by The Muslim News about the controversial UK Extradition Policy, a Home Office spokesperson said, “The UK’s extradition arrangements are currently being reviewed by an independent panel to ensure they operate effectively and in the interests of justice.” As the aspects of the policy that we asked about are the main aspects being questioned in the review, they felt it would be “inappropriate to comment further”. However, the review is not expected to be completed until the end of this summer, which could prove to be too late for many victims of the UK Extradition Policy. This article was written by Saliha Shariff and published by The Muslim News on July 29, 2011.

To find additional global criminal news, please read The Global Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

British Couple Looses Crystal Meth Extradition Appeal
McNabb Associates, P.C. (U.S. Extradition Attorneys)
Submitted at 10:28 AM July 29, 2011

A couple accused of supplying chemicals to crystal meth dealers over the internet have lost their appeal against extradition to the United States. Brian and Kerry Ann Howes, from Bo'ness, near Falkirk, are said to have sold legal chemicals which were then used to make illegal drugs in the US. The pair maintains they ran a legitimate business and have been fighting extradition for more than four years. Their lawyers are now considering a further appeal to the European Court. The couple was arrested by Central Scotland Police in 2007,

U.S. Extradition Lawyers
amid claims they supplied more than 40 chemicals to dealers via the online company Lab Chemicals International. The charges against Mr. and Mrs. Howes allege they used their internet company to supply red phosphorous and iodine to 400 customers in the US, most of whom were producing methamphetamine, also known as crystal meth. Red phosphorous and iodine are legal in Britain, but regulated in the US. The case falls under the 2003 Extradition Act which allows the extradition of people to the US without any trial taking place in the UK, removing the need for US authorities to provide prima facie evidence of criminality. An extradition order was made by the Scottish government on 29 May 2008. The Appeal Court upheld certain parts of the appeal, but ruled the extradition must go ahead as the couple had failed to establish that the action would be a violation of the European Convention on Human Rights. Judges Lord Osborne, Lord Reed and Lord Mackay of Drumadoon said the alleged offences were of an "extremely serious nature". The allegations include deliberately mislabeling chemicals sent to the US in a bid to avoid detection. The ruling said: "This conduct is alleged to have been persisted in over a period of years, despite searches of the appellants' premises, the seizure of evidence, and a warning to desist by the United States authorities. "The highly dangerous nature of methamphetamine is reflected in the fact that it has, since 2007, been classified in the United Kingdom as a Class A drug in terms of the Misuse of Drugs Act 1971." Mr. and Mrs. Howes face being separated from their children if they are extradited to the US, but

Friday, July 29, 2011
the judges said the impact on the private life of the couple was "proportionate". They added: "The court proceeded on the basis that there is a risk that the children may require to be taken into care and that there is a risk, in that eventuality, that they may require to be separated. "The court observed that it is a sad, but unavoidable, fact of life that the consequences of criminal proceedings often affect the family of the wrongdoer more severely than the wrongdoer themself." This article was originally published by BBC News on July 29, 2011. To find additional global criminal news, please read The Global Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above. above.

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