Extremist Muslim cleric Abu Hamza’s claim to be suffering from depression only strengthens the case to extradite him to America, a High Court judge said today.
Hamza, 48, is said to be so ill he is “unfit to plead” and should remain in a British prison. He is wanted in the US on terrorism charges but has fought extradition since 2004.
His QC, Alun Jones, told the court there was “uncontested medical opinion” that Hamza needs an MRI brain scan. But Sir John Thomas, president of the Queen’s Bench Division, told him: “There are excellent medical facilities in the US. If there is a risk he is subject to a degenerative condition, the sooner he stands trial the better.
“I don’t see how delay could conceivably be in the interests of justice. If he is anxious to be treated he could just waive his objections to going to the US.”
The court heard that the hook-handed cleric has long-term depression, partly caused by the alleged harsh regime in London’s top-security Belmarsh jail, and by feelings of press persecution.
He is said to have lost weight and to be suffering Type 2 diabetes and excessive sweating requiring two changes of clothing a day. A doctor found he rated his condition “only two out of 10”.
European human rights judges rejected an appeal last month by Hamza and five other suspected terrorists, paving the way for their extradition. Now all the suspects are staging a final attempt in the English courts to prevent the move.
Hamza is serving seven years for soliciting to murder and inciting racial hatred. He has been confined in Belmarsh’s special security unit for the past eight years, until his recent move to Long Lartin category A jail in Worcestershire.
The Belmarsh regime involved hourly checks on him day and night, leading to sleep deprivation, said Mr Jones. A brain scan would show conclusively whether he is exaggerating his condition in an attempt to defeat extradition, or if he is genuine, said the QC.
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“If this case was not one of such notoriety concerning somebody who has become a pantomime villain in public life, people would have no difficulty in saying he should have that scan,” added Mr Jones.
Sir John and Mr Justice Ouseley are expected to reserve their judgment to a later date. The case continues.
