Case update on the extradition of Babar Ahmad
06/08/2012
There has been some confusion around the role of the CPS in relation to the extradition of Babar Ahmad.
The CPS has two distinct roles in relation to cases like this.
On the one hand, there are CPS prosecutors who look at evidence in relation to alleged offences committed in England and Wales. In relation to Mr Ahmad, the prosecutor received a small number of documents from the Metropolitan Police Service in 2004 but, on the material provided, there was insufficient evidence to prosecute.
The CPS was therefore unable to put Mr Ahmad on trial here in relation to those documents. Even if these documents had amounted to a criminal offence, it would have represented only a small fraction of the seriousness of the crimes alleged by the US. The CPS domestic prosecutors had not reviewed the US evidence but knew the nature of the allegations.
On the other hand, a separate lawyer based within the CPS was acting on behalf of the US authorities who formally requested Mr Ahmad be extradited. CPS extradition lawyers do not act for the UK. If the Home Office formally accepts an extradition request from another country, such as the US, this team of CPS lawyers must, under the Extradition Act, act on that country’s behalf in this way. There is what is known in legal terminology as a 'Chinese wall' separating these two teams of lawyers.
The situation differs to some degree between Babar Ahmad's case and Syed Talha Ahsan's case. In respect of Mr Ahsan, there has been no investigation in the UK and no evidence has ever been submitted to the CPS team of prosecutors who look at alleged offences in this country.
Both Mr Ahmad's and Mr Ahsan's team and the US have presented their cases before the UK courts, which have ruled that the US authorities have jurisdiction in relation to the offences of which both men are accused and that they should be extradited. The extradition proceedings in this country have concluded but remain subject to the outcome of their appeal to the Grand Chamber of the European Court of Human Rights, which has yet to be heard.
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