The cases of two Tooting men, Babar Ahmad and Talha Ahsan who have been imprisoned in the UK without trial for 8 and almost 6 years respectively, raise important questions on human rights.
Artist and curator Hamja Ahsan undertook a writers residency and exhibition at Construction Gallery in February. For the duration of his residency, Hamja continued to develop a body of work concerned with prison visits to his brother Talha Ahsan – a Tooting local who has been held for nearly 6 years without trial on US-UK extradition – and developed curatorial research on his future project based on a public library of books read by political prisoners whilst held in custody.
Image: Artist and curator Hamja Ahsan during his residency at Construction Gallery. Hamja read excerpts from the Prison writings of Gerry Conlon (Guildford Four), Kim Dae Jung and Ngugi Wa Thiong’o using a reading system based upon the erasing of references to particularity of location and time.
Talha Ahsan is represented by Gareth Peirce of Birnberg Peirce & Partners. You can read her article on UK-US extradition and arrangements here: http://www.lrb.co.uk/v32/n09/gareth-peirce/americas-non-compliance
FREE TALHA AHSAN CAMPAIGN: www.freetalha.org
Whilst Babar Ahmad and Talha Ahsan are British Citizens, they have not been given a chance to face trial in the UK. Under a 2003 change to the law, the system now requires less stringent criteria for British Citizens to be extradited to the US than it does for US Citizens to be extradited to the UK.
The US have requested the extradition of both men on charges which it has been suggested may not stand up in a UK court of law. It is difficult to ascertain whether this would be the case or not as the alleged evidence has never been seen by a British Judge. It was sent over to the US directly. The alleged offences are internet-based and if true, would have been implemented on British soil.
If extradited to the US Babar Ahmad and Talha Ahsan face up to 3 years pre-trial solitary confinement. Their cases, along with a number of other high profile ones such as those of Christopher Tappin, Richard O’Dwyer and Gary McKinnon raise serious questions about the legal and human rights of British Citizens under the current extradition laws. The UK and the US legal systems are markedly different, not only because of fundamental differences such as the death penalty and solitary confinement, but also due to the Plea Bargaining system within the US legal system which means that more than 90% of accused plead guilty.
After up to three years in solitary confinement, a plea bargaining system and the presentation of evidence which has, up until now, been withheld and has not been seen by a UK court, it would appear reasonable to question whether this could ever constitute a fair trial.
If being innocent until proven guilty is seen to be of fundamental importance, then what repercussions does the current UK-US extradition treaty have for legal and human rights?
Image: CONSTANT WAITING ROOM is based on a sign situated before entering the prison HMP Long Lartin (where Gerry Conlon was held and where Talha Ahsan currently resides in the extradition unit).
