US pledges 'no death penalty' for British terror suspect

The United States government has promised in writing that a British terror suspect will not face the death penalty if he is extradited to face trial in America, a court was told today.

Lawyers for Babar Ahmad, a 30-year old accused by America of raising money to support terrorism in Chechnya and Afghanistan via the internet and e-mails, question the validity of the guarantee .

The Imperial College computer worker, from Tooting, London, is alleged to have run websites inciting murder and urging Muslims to fight in a holy war.

The diplomatic note from the American Embassy in London to the Foreign Secretary, said Mr Ahmad would only be tried by a federal court with "the full panoply of rights and protections".

The note was presented at his resumed extradition hearing at Bow Street Magistrates’ Court in central London today.

An expert defence witness told an earlier hearing that Mr Ahmad could face the death penalty if extradited to America and that there was a real risk he could be transferred to military custody and detained indefinitely.

However, John Hardy, representing the Unites States government, today presented a series of written assurances about how Mr Ahmad would be treated if his extradition were approved.

He then read an extract from the diplomatic note to the Foreign Secretary. "The government of the US hereby assures the government of the UK that the US would neither seek the death penalty against, nor would the death penalty be carried out against Babar Ahmad, upon his extradition to the US.

"The government of the US further assures the government of the UK that upon extradition to the US, Babar Ahmad would be prosecuted before a federal court in accordance with the full panoply of rights and protections that would otherwise be provided to a defendant facing similar charges.

"Pursuant to his extradition Babar Ahmad would not be prosecuted before a military commission as specified in the President’s Military Order of November 13, 2001, nor would he be criminally prosecuted in any tribunal or courts other than a US federal court and nor would he be treated or designated as an enemy combatant."

Mr Hardy described the note as "both irrevocable and unequivocal" and said "you cannot have a more authoritative declaration from a government of a sovereign ally".

Edward Fitzgerald QC, appearing for Mr Ahmad, urged the court to query the note’s validity and claimed it was not binding on the US president. "We do not accept my learned friend’s proposition that this is unequivocal," he said.

Mr Fitzgerald said that if Ahmad were extradited, there would be nothing to stop the US president potentially acting on advice from the CIA and designating him as an enemy combatant.

Judge Timothy Workman ruled this afternoon that Mr Ahmad’s lawyers could call a witness to support their argument that the US guarantees are inadequate and adjourned the case until Wednesday.

Outside the court, more than 200 of Ahmad’s supporters conducted a noisy protest.

They chanted "free Babar Ahmad" and waved placards criticising both the American and British governments.

Ahmad’s father Ashfaq, and his wife Maryam, were among the crowd. She said: "He [Babar] is doing OK. Obviously he wants to be able to return home to his family and rebuild his life."