UK: Muslim migrant convicted of rape resists extradition to France, claiming fear of being placed in an overcrowded prison cell

Image: Jihad Watch

An Afghan national who fled to the United Kingdom after being convicted in France for raping a 14-year-old girl is now resisting extradition on the grounds that prison conditions in Paris may breach his human rights.

The man, identified as 36-year-old Abdul Ahmadzai, was detained under the UK’s Extradition Act 2003 following a European arrest warrant issued by French authorities for the offence of raping a minor. Ahmadzai had been convicted in his absence and sentenced to five years’ imprisonment in France. However, under French law, he retains the right to a retrial if he is returned there.

Ahmadzai was brought before Westminster Magistrates’ Court, dressed in grey prison attire and assisted by an Afghan interpreter. His defence counsel, Stefan Hyman, argued that his client’s extradition could potentially violate Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment.

Mr Hyman referred to an expert report which suggested that if extradited, Ahmadzai would likely be taken to Paris, where he would face immediate detention. While the precise arrangements would depend on whether he pursued his right to a retrial, the defence raised concerns that detention facilities in the French capital could subject Ahmadzai to conditions that fall below acceptable human rights standards.

In particular, Mr Hyman stressed that there was a genuine risk his client could be housed in a cell offering less than three square metres of personal space, a standard below what the European Court of Human Rights has previously ruled acceptable. He added that the uncertainty surrounding whether Ahmadzai would be treated as a convicted prisoner or as an accused individual awaiting retrial further complicated the matter.

“Given the inconsistent conditions reported in Parisian prisons, and the lack of clarity on where exactly my client would be held,” Mr Hyman said, “there is a real possibility that he may face degrading treatment. His situation is unique, as he has the right to a retrial, and this makes his status uncertain under French custody. I would therefore urge the Crown Prosecution Service to seek assurances from the French authorities—specifically, whether my client will be guaranteed a proper bed and at least three square metres of space.”

(This Article was originally published by Jihad Watch)