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An Afghan man who escaped to the UK after being convicted of raping a 14-year-old girl in France is fighting extradition because he fears his prison cell in Paris may be too small.
Abdul Ahmadzai, 36, was arrested under the Extradition Act 2003 after a warrant was issued by France ‘for the rape of a minor.’
He was convicted in absence of the rape of a 14-year-old girl and given five years in prison but retains ‘retrial rights’ if he is extradited back across the channel.
Ahmadzai appeared at Westminster Magistrates’ Court wearing grey prison clothes and accompanied by an Afghan interpreter.
Stefan Hyman, for Ahmadzai, argued that Ahmadzai’s case could pass the threshold for Article 3 of the European Convention on Human Rights, which states that ‘no one shall be subjected to torture or inhuman or degrading treatment or punishment’.
He said: ‘We have obtained an expert report which suggests that the requested person would be taken to Paris.
‘He’s a convicted person, and so unless he chooses to have a retrial, I understand that he will be detained in Paris but I can’t say what would happen if he chooses to have a retrial because the victim in this case is elsewhere in France.’
Mr Hyman said there was a ‘real risk’ of Ahmadzai being ‘detained in a space fewer than three metres squared.
Abdul Ahmadzai, 36, appeared at Westminster Magistrates’ Court after fleeing France when he was convicted of rape
I would respectfully suggest that given the low threshold and the very mixed picture in Paris and the fact that we have no idea where he’s actually going to be detained in Paris, and, actually, his case is quite particular because of the retrial right and whether would be an accused person.
‘I would suggest there is enough here to invite the CPS to write to the French and say: ‘Can you tell us he’s going to have his own bed and three metres squared please?’
The barrister explained that ‘some of the prisons are not problematic but there a few that are particularly problematic, and they do have quite a few spaces.’
He added that ‘in some prisons there are wider problems with electrics but I don’t say that’s a systematic problem.’
Lucia Brieskova, for the government, told the court there was a ‘high threshold’ for Article 3 to be met.
‘I don’t think there is a real risk of him ending up with conditions that are non-Article-3 compliant’, she said.
District Judge Joanna Matson adjourned her decision on Ahmadzai’s extradition until October 10.
‘In the meantime you will remain in custody for the same grounds and reasons as before.’
Abdul Ahmadzai, 36, was arrested under the Extradition Act 2003 after a warrant was issued by France ‘for the rape of a minor.’
He was convicted in absence of the rape of a 14-year-old girl and given five years in prison but retains ‘retrial rights’ if he is extradited back across the channel.
Ahmadzai appeared at Westminster Magistrates’ Court wearing grey prison clothes and accompanied by an Afghan interpreter.
Stefan Hyman, for Ahmadzai, argued that Ahmadzai’s case could pass the threshold for Article 3 of the European Convention on Human Rights, which states that ‘no one shall be subjected to torture or inhuman or degrading treatment or punishment’.
He said: ‘We have obtained an expert report which suggests that the requested person would be taken to Paris.
‘He’s a convicted person, and so unless he chooses to have a retrial, I understand that he will be detained in Paris but I can’t say what would happen if he chooses to have a retrial because the victim in this case is elsewhere in France.’
Mr Hyman said there was a ‘real risk’ of Ahmadzai being ‘detained in a space fewer than three metres squared.
Abdul Ahmadzai, 36, appeared at Westminster Magistrates’ Court after fleeing France when he was convicted of rape
I would respectfully suggest that given the low threshold and the very mixed picture in Paris and the fact that we have no idea where he’s actually going to be detained in Paris, and, actually, his case is quite particular because of the retrial right and whether would be an accused person.
‘I would suggest there is enough here to invite the CPS to write to the French and say: ‘Can you tell us he’s going to have his own bed and three metres squared please?’
The barrister explained that ‘some of the prisons are not problematic but there a few that are particularly problematic, and they do have quite a few spaces.’
He added that ‘in some prisons there are wider problems with electrics but I don’t say that’s a systematic problem.’
Lucia Brieskova, for the government, told the court there was a ‘high threshold’ for Article 3 to be met.
‘I don’t think there is a real risk of him ending up with conditions that are non-Article-3 compliant’, she said.
District Judge Joanna Matson adjourned her decision on Ahmadzai’s extradition until October 10.
‘In the meantime you will remain in custody for the same grounds and reasons as before.’
