THE European Court of Human Rights has ruled against the extradition from Britain of a mentally ill man who is wanted by US authorities for conspiring to establish an Islamist militant training camp in Oregon.
A seven-judge panel which examined the case concluded that extraditing Haroon Aswat was likely to exacerbate his condition of paranoid schizophrenia, for which he has been detained in a secure psychiatric hospital since 2008.
As such, a decision to hand him over to the United States would violate the European Convention on Human Rights (ECHR) provisions on the prohibition of inhuman or degrading treatment, said the judges on Tuesday at the court based in Strasbourg, France.
Their ruling was based on a judgment that Aswat was likely to undergo a lengthy period of pre-trial detention in the United States and, in the event of his conviction, be placed in a high security prison.
The judges stated: "In light of the medical evidence before it, the Court found that there was a real risk that Mr Aswat's extradition to the USA, a country to which he had no ties, and to a different, potentially more hostile prison environment, would result in a significant deterioration in his mental and physical health.
"Such treatment would be capable of amounting to treatment in breach of Article 3 (of the ECHR)."
Aswat was arrested in Britain in 2005 following a request for his extradition from US authorities who suspect him of links to al-Qaeda.
His attempts to contest extradition through the British courts finally failed in 2007, but his transfer across the Atlantic was blocked after he appealed to the European rights court.
His case was subsequently considered, along with that of one-eyed cleric Abu Hamza and four other men facing extradition who had argued that their likely incarceration in the Florence Max federal prison in Colorado would violate their rights under Article 3 of the ECHR.
The court rejected their appeal last year but adjourned Aswat's case to allow for updated medical reports to be submitted. On the basis of those, the judges ruled that the severity of his condition justified opposing extradition.
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