UK terrorism suspects lose U.S. extradition case

LONDON, Nov 30 (Reuters) Two Britons wanted by the United States to face terrorism charges failed in a legal challenge today to stop their extradition because of fears they would be mistreated.

Babar Ahmad and Haroon Rashid Aswat had argued at London's High Court that they did not trust assurances from the US authorities that they would be given a fair trial and not treated as ''enemy combatants''.

However the challenge to their extradition orders, which were approved by Britain's former Home Secretary Charles Clarke, was dismissed by two senior judges considering the case, although the men can still appeal against the decision.

''This court acts on the faith that the United States will be true to the spirit and the letter of the diplomatic notes and the obligations of the 1972 (UK/US extradition) treaty,'' said Lord Justice John Laws.

''The terms of this judgement express the legal expectations and understanding of the United Kingdom court. I apprehend that these will be well fulfilled and honoured when the appellants are extradited.'' Aswat, who was arrested in Zambia last year, denies charges that he was trying to set up a militant training camp at Bly, Oregon, in 1999 and 2000 to train fighters for war in Afghanistan.

The charges are similar to those levelled by the US against jailed cleric Abu Hamza Al-Masri, imprisoned by Britain on charges of inciting racial hatred and soliciting murder, who is also facing possible extradition.

Computer expert Ahmad, 31, is accused of running Web sites supporting terrorism and raising funds for Muslim militants in Chechnya and Afghanistan, along with urging Muslims to fight a holy war.

The men's lawyer Edward Fitzgerald told the court they faced the risk of being treated as ''enemy combatants'' by the US authorities if sent there.

Fitzgerald argued that a US assurance they would not be designated as such had wrongly influenced the judge who had agreed to their extradition.

He said the men did not want to rely on those assurances and that it could always be open to US officials to decide later that the position had changed and to then designate them as enemy combatants.

Under legislation introduced in 2003, the United States can seek extradition without having to present evidence to a British court.

Fitzgerald also argued there was a real risk of the men being subjected to ''special administrative measures'' which could involve solitary confinement for indefinite periods and could breach their right to a fair trial.

The men were given 14 days to consider launching an appeal against Thursday's verdict at Britain's highest court, the House of Lords.

REUTERS AB PM1709