European judges approved the extradition of the 36-year-old computer expert and alleged terrorism fundraiser, along with prominent radical preacher Abu Hamza and three others, in a ruling early on Tuesday.
The family of Ahmad, who has been held in a UK prison without trial for nearly eight years, said in a statement they were “very disappointed” by the court’s decision and called for him to be tried in the UK.
“Babar is a British citizen accused of a crime said to have been committed in the UK and all the evidence against him was gathered in this country.
“Nevertheless, British justice appears to have been subcontracted to the US. This should be immediately rectified by putting Babar on trial in the UK and ordering a full public inquiry into the matter.”
“Our Member of Parliament Sadiq Khan [Labour’s Shadow Justice Secretary] has now written to the Attorney General to ask why his predecessor Lord Goldsmith and the CPS misled us all by stating in 2006 that there was “insufficient evidence” to prosecute him in this country when they had not even seen all the evidence.”
Other families of suspects approved for extradition have also suggested they will appeal the ruling.
Hamja Ahsan, the brother of suspect Seyla Talha Ahsan tweeted: “We have 3 months to try to persuade the Grand Chamber to reopen the entire case and examine it.”
The other men include radical Muslim preacher Abu Hamza, who is currently serving a seven-year sentence in Britain for soliciting to murder and inciting racial hatred, Adel Abdul Bary and and Khaled Al-Fawwaz.
All five families have the right to appeal to the grand chamber to prevent the extradition.
Campaigners have been urging the government to review the extradition treaty between the US and the UK following a number of controversial cases.
Julia O’Dwyer, whose 23-year-old son Richard is fighting extradition to the US over copyright charges, said she was “shocked” by the ruling.
“It’s not for anybody to say because they are terrorists they deserve different treatment. In law if you commit a crime it would be dealt with accordingly, so whether you’re a murderer or a rapist or a terrorist you shouldn’t single one person out,” she told The Huffington Post UK.
“Because everybody has got human rights and I find it absolutely amazing that the court has come to this decision today when it is publicly very well known about those conditions in superman prisons. I’m a bit shocked by it really.”
Executive Director of CagePrisoners, Asim Qureshi, said it was “prosperous” the five men would receive fair treatment.
“The suggestion that those suspected of being involved in terrorism are able to receive fair treatment in a US supermax prison is an utterly preposterous notion. The extent of problems associated with confinement in American prisons has been well documented by leading NGOs around the world.”
However the judgement was welcomed by politicians.
Home Secretary Theresa May said in a statement she would work closely with American authorities: “We will work to ensure that the suspects are handed over to the US authorities as quickly as possible.”
Lord Carlile, the former independent reviewer of terror legislation that the decision was “sensible”, telling BBC’s Radio 5 Live: “My only regret is that it’s taken the European Court of Human Rights the best part of two years to reach this decision, which is a symptom of the way in which that court operates.
“This is a very different case from the case of Gary McKinnon, which turns on health grounds and the safety or Mr McKinnon going to the United States.”