How is it that Muslim citizens accused of support for terrorism are not charged but extradited, while far-right supporters of terrorism roam free?
On 24 September, as part of a forty-strong delegation of observers, I was in Morocco at the appeal hearing in the Rabat-Salé court of the Belgian-Moroccan dual national, Ali Aarrass. Aarrass’ conviction and fifteen-year sentence on terrorism charges rested solely on evidence extracted under torture. No representatives of the Spanish or Belgian governments were in court that day to observe the appeal of a European citizen, despite both governments’ complicity in his subsequent torture. (Spain had extradited Ali, a resident in Melilla, to Morocco, in contravention of a UN request to stay his removal, while Belgium had done nothing to protect the basic human rights of its citizen.) In a statement after the verdict, which merely upheld the conviction (while reducing the sentence to twelve years), Aarrass’ lawyers pointed out that the judges had ‘failed to maintain even the appearance of a fair hearing. Two of the judges were obviously sleeping, while the presiding judge was consulting his mobile phone.’ Furthermore, Ali Aarrass’s evidence was cut short and he was not allowed to describe the torture he had been subjected to.
Collusion with torture
No words can express the powerlessness I felt in that court, knowing that a man sitting in the same room, in a glass cage, had been tortured, brutalised by appalling acts to sign a confession into crimes he had consistently denied, and was locked in an inhumane system I can only describe as a nighmarish hell. I imagine what I felt was something akin to the sense of personal failure that US death penalty campaigners must feel every time they stand outside a prison, knowing that someone inside has been condemned. So that when I woke up on the morning of 6 October, and heard the news that both Babar Ahmad and Talha Ahsan had been extradited to the United States of America, after the Director of Public Prosecutions, Keir Starmer, had refused, once again, to bring a prosecution against them in the UK, my thoughts immediately turned to the families and legal team of these two British citizens and to the defenders of their basic rights. Like them, I was horrified that our government could send its own citizens to a country in the full knowledge of the living hell they would most probably endure, literally entombed in the special solitary confinement regime of a supermax prison. Here, incarceration is within a concrete single cell with remote-control solid-steel doors designed to cut off all sound and visual contact with others. And punishments are meted out via electric shock devices such as stun guns and cattle prods, restraint chairs and the ‘five-point restraint’ which leaves prisoners ‘strapped to a steel bed and lying in their own waste for up to 48 hours’.
Whether Babar Ahmad, or Talha Ahsan (who suffers from Asperger’s Syndrome and is gifted with a unique and surreal poetic mindscape – as recognised by, among others, the Koestler Trust) were guilty of providing material support for terrorism from 1997-2004 and other crimes of conspiracy through their website Azaam.com, should have been a matter for a British court to decide. For Britain is a country which, for as its prime minister now assuredly knows, prides itself on Magna Carta.
No Freeman shall be taken or imprisoned, or be disseized of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land.
The double standard
The sense of injustice grows when the cases of these three Muslim citizens are juxtaposed to cases of non-Muslim men who have not even been charged with providing material support for terrorism, despite compelling evidence. Many of the Muslims who have been rendered to torture states in the name of the war on terror appeared on the radar of the intelligence services because they were believed, prior to September 11, to have raised funds for or actively supported the ‘jihad’ in Afghanistan (during the Soviet Occupation, or subsequently worked alongside the Taliban), Chechnya (remember the devastating Russian offensive and siege of Grozny), or fought in Bosnia, or aided the resistance to Israeli occupation in the Palestinian Territories.
What of the white/indigenous soldier adventurers of Europe’s far Right, some of whom dabbled in exactly the same asymmetric wars (in their case, on the side of the military powerful), but are not considered pariahs, or extradited to legal black holes as ‘enemy combatants’?
Whilst researching the IRR report Pedlars of Hate: the violent impact of the European far Right I began to see a pattern amongst our intelligence services and police: failure to bring prosecutions against far-right extremists, and even, as is currently being exposed in the ongoing German parliamentary investigation into the National Socialist Underground, collusion with neo-nazis via totally inappropriate informer schemes. I began to ask myself why were there no prosecutions against those fascists who provided material support for Serbian terror in Bosnia or who ‘glorified’ the ethnic cleansing of Muslims at Srebrenica? Nowadays, EU apparatchiks are deeply concerned about the rise of Golden Dawn in Greece, especially now that the level of collusion between the police and the neo-Nazis is becoming so apparent. But where was the EU and intelligence services’ concern when neo-Nazis in Greece and elsewhere were glorifying the massacre of 8,000 men women and children in Srebrenica, the worst massacre in Europe since the second world war? Surely, our politicians and intelligence services were not unaware of claims that a 100-strong unit of Greek volunteers (the Greek Volunteer Guard, some of whom, it is alleged, were supporters of Golden Dawn) fought in Bosnia on the side of the Bosnian Serbs and that some may even have participated in the Srebrenica Massacre, reportedly, on Ratko Mladic’s instigation, hoisting a Greek flag over the town. Today, Golden Dawn has eighteen seats in the Greek parliament; it is not unknown for members to carry out acts of violence, even in front of TV cameras – and yet somehow they avoid arrest and prosecution.
But the story does not end with Golden Dawn. Mass murderer Anders Beiring Brevik declared himself inspired by the Serbian Christian cause, as does Roberto Fiore, another fascist who flies the flag of a ‘Greater Serbia’. He was notorious for fleeing Italy in the 1980s to avoid prosecution following the massacre at Bologna railway station which left eighty-five dead and two hundred wounded. After Fiore, who had fled to London, was convicted in absentia for subversive conspiracy and membership of an armed gang, Her Majesty’s Government repeatedly refused to countenance Italian extradition requests. (It is widely suspected that Fiore was recruited by MI6, and was given full rein to continue his ‘Third Position’ fascist activities, particularly in Libya, in exchange for information.) When in 1998 the Italian appeal court declared that Fiore’s sentence had expired under the statute of limitations, Fiore returned to Italy and resumed his fascist career, even enjoying a stint in the European Parliament as an MEP from 2008-2009 as a representative for the coalition Social Alternative (Alternativa Sociale). Now, he leads Forza Nuova, and hangs out with the Serbian Radical Party which subscribes to the idea of a Greater Serbia and glorifies Ratko Mladić and Radovan Karadžić as ‘Serbian heroes’.
It is hard to know where Europe’s complicity with human rights abuses starts and ends. We extradite one set of citizens to torture states, while we appear to shield another set of citizens from prosecution altogether. ‘After such knowledge, what forgiveness?’
 Press release, Cabinet D’Avocats Jus Cogens, 3 October 2012.
 See Frances Webber, ‘The imminent extradiction of Khalid Al-Fawwaz: a lawyers reflections’, Cageprisoners, 2 October 2012; see also, SACC press release, ‘Extradition – Home Secretary must step in to prevent torture’, 4 October 2012 and CagePrisoners press release, ‘CagePrisoners hosts New York press conference in response to extradition cases’, 3 October 2012.
 Johannes Jakobsson, ‘Valskrällen’, Expo, No. 3, 2012; Helena Smith, ‘Greece faces shame over role in Serb massacre’, Observer, 5 January 2003.
 In June, Ilias Kasidiaris, who is Golden Dawn’s official spokesman, and a former commando in the Greek army, punched a female Communist MP during a live TV debate. There is speculation that the police protected Kasidiaris by failing to arrest him within the 48-hour time-frame needed to fast-track him through the courts on assault charges. (It is a peculiarity of the Greek system that an arrest warrant expires after 48 hours.) Kasidiaris also faces prosecution for complicity in a 2007 attack when he allegedly drove a car carrying several people who attacked a student. Veteran activist Petros Constantinou told the Guardian on 9 June that the police have facilitated Golden Dawn. ‘Without police cover and protection Golden Dawn would not have survived … And the proof of that is the failure to capture Kasidiaris.’
 ‘Roberto Fiore held a meeting with the “Russky Obraz” movement’, Right World. For a description of the Serbian Radical Party, see here.
The Institute of Race Relations is precluded from expressing a corporate view: any opinions expressed are therefore those of the authors.