Euro judges rule that terror suspect wanted in America CAN'T be deported from Britain to the U.S. because it would be bad for his mental health
- Haroon Aswat - Abu Hamza's sidekick - told today he can stay at Broadmoor
- Strasbourg accepts he shouldn't leave Britain because he is a schizophrenic
- Avoids being sent to 'Alcatraz of the Rockies' - America's toughest jail
Terror suspect and Broadmoor patient Haroon Aswat, the trusted lieutenant of radical cleric Abu Hamza al-Masri, has won his legal battle to avoid being kicked out of Britain.
The extremists proposed extradition to the United States would breach his human rights, the European Court of Human Rights ruled today.
Aswat, who claims to be a schizophrenic, is wanted by the U.S. authorities for plotting to set up a jihadi training camp in Bly, Oregon.
Ruling: Haroon Aswat (right), pictured with radical cleric Abu Hamza al Masri, has been told today he will not be extradited from Britain to the United States
He had claimed that the jail term he might face in America – up to 50 years without parole – breached Article 3 of the European Convention on Human Rights, which bans ‘inhuman or degrading treatment’.
Today a Strasbourg court said they agreed with him because he has mental health problems.
Aswat had faced being sent to the Colorado Supermax prison, which is surrounded by desert, and known as the 'Alcatraz of the Rockies'.
It is home to 400 of America's most dangerous convicts, where they live in a cramped cell measuring 12ft by 7ft.
Claim: Aswat said up to 50 years without parole in the Supermax jail in Florence, Colorado - the Alcatraz of the Rockies - would breach his human rights
Hamza and four other terror suspects were extradited last year after the European Court of Human Rights (ECHR) rejected their appeal against the move - but Aswat's case was adjourned to allow judges more time to consider his mental health.
Aswat, who was born in 1974 and is being treated for schizophrenia, claims that if he is extradited and convicted in the US he would be at risk of ill-treatment inside the so-called supermax prison ADX Florence, in Colorado.
The Strasbourg court published its decision today after it adjourned the case last April to obtain further submissions on the relevance of his schizophrenia to his claim.
Last year, the ECHR ruled that five men including Hamza would not face ill treatment if they were extradited to the US.
Hamza, Babar Ahmad, Seyla Talha Ahsan, Adel Abdul Bary and Khaled Al-Fawwaz were all removed from the country.
Hamza, who was serving a seven-year sentence in Britain for soliciting to murder and inciting racial hatred when he was extradited, has denied 11 counts of criminal conduct related to the taking of 16 hostages in Yemen in 1998 and advocating violent jihad in Afghanistan in 2001.
He is also accused of conspiring to establish the Oregon-based jihad training camp between June 2000 and December 2001. Aswat was indicted as Hamza's 'co-conspirator' but will now stay in Britain.
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