Express
April 21, 2014
Haroon Aswat, 39, is wanted in the US where he allegedly plotted to set up a terrorist training camp along with hate preacher Abu Hamza.
Home Secretary Theresa May had vowed to defy a European Court of Human Rights ruling which banned her from sending him for trial because he has paranoid schizophrenia.
But the British-born Islamist’s lawyers appealed against her decision in the High Court.
And judges yesterday ruled he cannot be flown to the US until the court has cast-iron assurances that he will be treated in a specialist psychiatric hospital and not prison.
The Lord Chief Justice Lord Thomas and Mr Justice Mitting delayed a final decision on Aswat’s fate for 60 days pending the US response.
But delivering his judgement Lord Thomas said he had reached his conclusion “only because of the approach taken by the Strasbourg court”.
Using diplomatic language, the furious judge said: “This case involved an intensive and difficult fact-finding exercise. I would respectfully venture to suggest that for the future such fact-finding exercises are best undertaken by a national court.
“A national court is much better equipped to hear the evidence and clarify difficulties through a trial process conducted by a national judge.”