Extradition

Andy Slaughter Excerpts

Thursday 24th November 2011 Westminster Hall

[Mr Raab]

I thank my hon. Friend for that intervention.

[Mr Andy Slaughter (Hammersmith) (Lab)]

The hon. Lady has partly addressed my point. Given the number of hon. Members present today, does the hon. Gentleman not share my concern that this is a matter that should be debated on the Floor of the House? We need to debate both this issue and the issue of Babar Ahmad, for which an e-petition of more than 140,000 signatures was collected.

[Mr Raab]

Certainly, we need to have a debate in Chamber time and on a votable motion. I hope that we can deal with all the individual cases within the scope of the broader policy issue about the UK-US treaty and the European arrest warrant. If there is enough support from hon. Members across the House, I will return to the Backbench Business Committee to seek what we originally asked for.

--- Later in debate ---

[Mr Andy Slaughter (Hammersmith) (Lab)]

Thank you, Mr Rosindell. I will certainly keep within those limits. I only want to make two points essentially, both relevant to the case of Babar Ahmad, which has already been raised, perhaps not surprisingly, in interventions on the hon. Member for Esher and Walton (Mr Raab), who secured the debate. May I be the first to congratulate him on bringing a very important debate to this Chamber with the hope, which I think has been generally expressed today, that there will be a subsequent debate in the main Chamber in which more Members can take part?

I first became acquainted with the Babar Ahmad case five years ago. Members of his family were constituents in my former constituency of Acton. I was going to say former and subsequent constituency of Acton, but that would be to presume many things, including the actions of the Boundary Commission and the electorate. With the Leader of the House here—he is still very well thought of in that constituency, which is quite rare for a Conservative—I will not presume in any way on those lines.

The fact that my initial acquaintance with the Babar Ahmad case was five years ago speaks volumes in itself. Although I no longer represent that area, I still receive a great deal of correspondence about the case. Again, perhaps that is not surprising, given the fact that, as has already been indicated, more than 140,000 individuals have signed the e-petition specifically relating to the case.

I must pay tribute to my right hon. Friend the Member for Tooting (Sadiq Khan), who represents the family of Babar Ahmad and who I know has worked tirelessly with them, including Babar Ahmad’s father and other family members who are present today, to ensure that the case remains at the front of everyone’s mind.

[Gavin Shuker (Luton South) (Lab/Co-op)]

I am extremely grateful to my hon. Friend for giving way and I too pay tribute to Babar Ahmad’s constituency MP, our right hon. Friend the shadow Secretary of State for Justice.

My hon. Friend mentioned that there were 140,000 signatures, and it would be easy to assume that many of the people who supported the petition came from one particular community—the British Muslim community; but is he aware, as I am, that many people across this country who do not come from that background are equally chilled by the experience of Babar Ahmad, particularly as he has been held for seven years?

[Mr Slaughter]

Indeed, and I will go on to discuss that point.

[Jeremy Corbyn]

The hon. Member for Esher and Walton (Mr Raab), who secured this debate, quite rightly concluded his remarks by saying that the fact that Babar Ahmad has been in prison for so long was damaging to the image and traditions of British justice; that is absolutely true. I think that the media have missed the point; perceptions, particularly in the Muslim community across the whole country, are that Babar Ahmad has been so badly treated because of his faith and religion, suffering terrible abuse as a result. I have had a large number of contacts and e-mails from people who attend local mosques, as well as from people who attend churches and other organisations, and who are deeply concerned that somebody should languish for eight years in prison on a case that cannot be brought to court in this country, all because of the very strange arrangement that we have with the United States. Does my hon. Friend agree that if we do not mend the arrangement, this will be the image of British justice, not what we want it to be?

[Mr Slaughter]

As so often, I agree with everything that my hon. Friend has said, and I will discuss the length of incarceration in a moment. However, I think that my hon. Friend was also perhaps alluding to the circumstances of the treatment of Babar Ahmad: he was first arrested in 2003, and by the time he reached the police station he had sustained at least 73 forensically recorded injuries, including bleeding in his ears and urine. Six days later, he was released without charge. As we know, he was subsequently paid £60,000 compensation by the Metropolitan police for the assaults, although there was no apology and, I think, no admission. That would be shocking enough in itself, but of course in August 2004 Babar Ahmad was rearrested and he has remained in custody ever since.

I am addressing my comments effectively to the text of the petition, not to the offences alleged against Babar Ahmad but to the case that is being put by his family and the 140,000 people who have signed the petition, which I shall read as it is fairly short:

“Babar Ahmad is a British Citizen who has been detained in the UK for 7 years without trial fighting extradition to the USA under the controversial no-evidence-required Extradition Act 2003. In June 2011, the Houses of Parliament Joint Committee on Human Rights urged the UK government to change the law so that Babar Ahmad’s perpetual threat of extradition is ended without further delay. Since all of the allegations against Babar Ahmad are said to have taken place in the UK, we call upon the British Government to put him on trial in the UK and support British Justice for British Citizens.”

That is the petition that has attracted 140,000 signatures.

The word Kafkaesque is somewhat overused in the media and in Parliament too, but it probably does apply to this case, where somebody has been arrested and held in high-security prisons for seven years without—clearly—any charge and without, as far as we are aware, any intention by the British authorities to charge. Therefore, the petition asks that the British prosecuting authorities take the lead and make a decision to go ahead and charge him here, if there is sufficient evidence to do so.

The excellent report by the Joint Committee on Human Rights that was published in June deals with many of these issues; a key one is forum. We know that there is provision on the statute book that would allow a forum test to be introduced. The introduction of such a test would immediately deal with cases such as that of Babar Ahmad and resolve the issue. Again, I strongly believe that the House should have an opportunity to make a decision on that matter if the Government are not prepared to make that decision.

Babar Ahmad’s situation is intolerable. It has been described by one of the judges who considered the case as an “ordeal”. As I have already said, I am making no comment at all, and indeed the petition makes no comment at all, about the strength of the evidence about the nature of the offences, because that evidence has not been made publicly available. I am making a comment that somebody—a British citizen—has spent seven years in high-security prisons without any charge being brought against them. That fact alone should shock all Members who are present in Westminster Hall today.

[Fiona Mactaggart (Slough) (Lab)]

My hon. Friend has stressed the fact that Babar Ahmad has been in prison for seven years. I do not think that everybody who is concerned about his case recognises that that is the equivalent of the time served by someone sentenced to 14 years in prison. According to the sentencing guidelines, that is the kind of sentence issued to someone who is found guilty of grievous bodily harm, or carrying a weapon that they had previously brought to the scene, and so on. Normally, it would be very serious offences that would acquire such a long time in jail.

[Mr Slaughter]

I entirely agree and that is why I say, notwithstanding the points that have been made about the need to address the substantive issue as well as individual cases, that Babar Ahmad’s case is unusual for that particular reason. Although I have a great deal of respect and sympathy for other hon. Members who have spoken on behalf of their constituents, or about other issues that have been raised with them, I do not believe that there is any case that is as extreme as Babar Ahmad’s, because of the simple fact that somebody has lost their liberty for that time, which—whatever the outcome—will never be regained.

I conclude on the point that there seems to be general agreement. The number of Members present shows that this debate is worth while, and that it needs to go further if the Government are not prepared to act. I am afraid that there has been some shuffling of responsibility between the Backbench Business Committee and the Government, particularly in relation to the Babar Ahmad petition, which, with 140,000 signatures is, I think, one of the top three. We have had debates on the Floor of the House on important issues that have arisen from petitions with fewer signatures, so there is a clear case for Babar Ahmad’s detention to be debated there too. We can then see both from Members’ contributions and in a vote whether they feel the same antipathy as me, my right hon. Friend the Member for Tooting and others about how the case is proceeding—or rather not proceeding. As things stand, more years could pass without resolution of the case, and we, as people who are here to protect the constitution of this country, should all be deeply ashamed of that. If nobody, including the Backbench Business Committee and the Leader of the House, is able or prepared to deal with the matter, Members collectively should insist that it is debated and voted upon on the Floor of the House.