Diplomatic row erupts between UK and Spain over extradition of September 11 suspect

12 April 2012

The extradition of a terror suspect allegedly involved in the September 11 attacks is at the centre of a major diplomatic row, amid claims that it was approved on the basis of misleading evidence to Britain's highest court.

The case raises serious doubts about the continued use of "fast-track" powers introduced by Labour that allow the transfer of terrorists wanted abroad without a full UK hearing of the allegations against them.

Last night, the Home Office said it was "seeking clarification" from Spain over its handling of the case of alleged 9/11 conspirator Farid Hilali.

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Terror suspect: The extradition of Farid Hilali is at the centre of a diplomatic dispute between Britain and Spain

Spain, along with countries such as the United States, France and Germany, are classified as "trusted" nations and have to provide minimal details to secure the arrest and extradition of someone in the UK.

The process has been used in recent weeks to send hook-handed cleric Abu Hamza for trial in the United States.

Hilali was sent for trial in Spain last week after the Law Lords warned his extradition could go ahead only if Spanish authorities intended to charge him with "conspiracy to murder" for his alleged role in the 9/11 attacks.

The judges specifically said it would be illegal to extradite him merely on the grounds that he was a member of a terrorist group.

However, within hours of his arrival in Madrid, Hilali was charged with being a member of Al-Qaeda but not with involvement in the murder of those killed in the September 11 attacks.

Last night, a senior lawyer with intimate knowledge of the case said claims that Spain misled Britain's highest court "threatened the collapse of the fast-track extradition system".

And another barrister Julian Knowles, of the human rights chambers Matrix, a leading authority on extradition law, said: "International criminal law depends on trust and confidence.

"If a country misleads the UK courts to secure an extradition, they may find that future requests are blocked by the courts because its evidence cannot be trusted."

Spanish authorities claimed Hilali was the mystery man known as "Shakur" who phoned Imad Yarkas, the head of the Madrid Al-Qaeda cell, in August 2001, just weeks before the 9/11 attacks, claiming to have "entered the field of aviation" and to have talked of "cutting the bird's throat", an apparent reference to the American eagle.

Hilali was apprehended in the UK in 2004 on a European arrest warrant after Madrid investigative judge Baltasar Garzon named him in a 2003 indictment of suspected members of the Al-Qaeda cell.

Three other alleged members of the cell – including Yarkas – stood trial in Madrid in 2005, charged with conspiracy in the September 11 attacks.

The court acquitted two of them on that charge, and convicted only Yarkas.

This conviction was thrown out on appeal in 2006 but Yarkas is serving a 12-year sentence after being convicted of being the Al-Qaeda cell's leader.

Last night, a Home Office spokeswoman confirmed the Government had intervened in the case.

She said: "A person extradited on a European arrest warrant must be dealt with for the offence for which they were extradited.

"In this case, the Spanish authorities have not notified the UK of any changes to charges presented to the UK courts.

"We are now in touch with them seeking clarification."

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