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UK court may seek assurances from US for Dawood aide extradition
Jabir Motiwala’s legal defence team raised the issue of his mental health and reported suicide attempts, among other reasons, to resist extradition.
Sovereign assurances of the kind India furnished in cricket bookie Sanjeev Chawla’s extradition case are likely to be sought from the US government, which is seeking the extradition of Dawood Ibrahim aide, Jabir Motiwala, from the United Kingdom.
The assurances relate to human rights not being violated in jails, if extradited. The Chawla case was often mentioned during a hearing in the Westminster Magistrates Court on Friday, which asked for written submissions on the issue by August 19 from both sides. The issue of human rights in the Islamic cleric Abu Hamza’s extradition to the US was also cited.
Motiwala’s defence team led by Edward Fitzerald has raised the issue of his mental health and reported suicide attempts, among other reasons to resist extradition. If he is subjected to ‘special administrative measures’ in US jails, it would violate Article 3 of the Human Rights Act, it is contended.
Under UK’s extradition rules, extradition is not to be ordered if there is a risk to the requested person’s human rights. Witnesses on behalf of Motiwala, 51, have deposed to the court, alleging inhumane and degrading conditions in US jails.
The Crown Prosecution Service informed the court that it is likely to oppose seeking the assurance from the US government, but the judge informed both sides he would rule on this after receiving their written submissions by August 19.
India had submitted three assurances from the Union home ministry that Chawla’s human rights would not be violated in the Tihar jail. The issue has figured prominently in the extradition cases of Chawla, Vijay Mallya and Nirav Modi.
Besides human rights, Motiwala’s team has cited passage of time as one of the reasons to oppose extradition. He is wanted in the US to face charges of money-laundering USD 1.4 million worth of proceeds from narcotics smuggling, among other charges that date back to 2011 and 2012.
Karachi-based Motiwala was reportedly trapped by the FBI in a sting operation in which he was secretly recorded by agents while he dealt with drugs, extortion and money-laundering to the US. A law expert from Pakistan told the court FBI’s secret recording violated the country’s laws.
The court is scheduled to hear further arguments on July 22, with September 26 set for closing arguments. Motiwala, who is also known as Jabir Siddiq, was arrested in London in August last and is lodged in the Wandsworth prison in west London.
