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United Kingdom: Court accepts terrorist suspect can stand trial in the United States

Human rights judges have accepted “specific assurances” allowing a terrorist suspect to stand trial in the United States.

The case of Aswat v. the United Kingdom (application no. 62176/14) concerned the complaint by a terrorist suspect Haroon Aswat, about the inadequacy of the assurances provided by the Government of the United States with regard to his extradition from the United Kingdom to the United States.

Aswat, is a British national who was born in 1974, is detained pending trial in the United States.

As he was indicted in the United States as a co-conspirator in respect of a conspiracy to establish a jihad training camp in Oregon, the US Government had previously requested his extradition from the United Kingdom

In its decision in the case the European Court of Human Rights has unanimously declared Aswat’s application inadmissible. The decision is final.

In a judgment delivered in April 2013 in a previous case brought by Aswat, the court had held that his extradition would be in violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights.

Following a set of specific assurances given by the US Government to the Government of the UK regarding the conditions in which he would be detained in the US before trial and after a possible conviction, Aswat was eventually extradited to the United States in October 2014.

In the decision published today in Aswat’s second case, the court found that the concerns raised in its earlier judgment had been directly addressed by the comprehensive assurances and additional information received by the Government of the UK from the US government.

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