There are so many unanswered questions in this case. The most alarming is the fact that Talha Ahsan's case should have been heard in a US court in October this year, and if there was a clear-cut case against him there was no reason why it should not since there has been a decade in which to prepare a case, yet it has been put off until March 2014. All this time Talha Ahsan spends 23 hours a day, every day, in solitary confinement in a Supermax prison. My heart grieves for him and his family. Here is my request to the Foreign and Commonwealth Office. The questions are straightforward.
Extradition of Talha Ahsan
John Goss made this Freedom of Information request to Foreign and Commonwealth Office
Waiting for an internal review by Foreign and Commonwealth Office of their handling of this request.
From: John Goss
11 June 2013
Dear Foreign and Commonwealth Office,
This is a freedom of information request concerning the extradition
of Syed Talha Ahsan, a UK citizen, to the USA
Syed Talha Ahsan lost an appeal in the European Court of Human
Rights and was very quickly, the same day in fact, flown to the
United States of America.
1) Was any contact made with United States representatives of any
description to arrange the deportation of Syed Talha Ahsan before
the appeal verdict of the European Court of Human Rights had been
reached?
2) If the answer to question 1) is yes, which department of the FCO
and which personnel of that department had contact with which
personnel of which US department?
3) Can I have copies of any correspondence between the UK and USA
concerning the extradition of Syed Talha Ahsan please?
4) Was the FCO aware that two of the European judges, Lech Garlicki
and Nicolas Bratza, who sat in judgement on Syed Talha Ahsan, had
been at a 'closed-door' conference with US Supreme Court judges
Stephen Breyer, Samuel Alito, Anthony Kennedy and Sonia Sotomayor
in a conference called: 'Judicial Process and the Protection of
Rights: the U.S. Supreme Court and the European Court of Human
Rights'?
5) Does the FCO have any documents relating to the revelation in
question 4) and can I have copies please?
6) Was the FCO aware that also at the conference mentioned in
question 4) were "Derek Walton, who was representing the UK in
Ahsan’s European Court case, and the vastly influential Harold Koh,
who was serving as Obama’s appointed Legal Advisor to the State
Department." (New Statesman 21 February 2013).
7) Does the FCO have any documents relating to the revelation in
question 6) and can I have copies please?
8) Presumably the FCO would have had to be absolutely certain that
the case against Syed Talha Ahsan was a cast-iron copper-bottomed
guilty case to send a UK citizen to a country which has a
'concentration camp' at Guantanamo Bay, Cuba, where only 13 people
(out of 779) have ever been charged with a crime, and where 9 men
have died while in captivity. Would you not agree that given these
appalling figures the FCO would have to be certain that Syed Talha
Ahsan was guilty before sending him to the United States?
9) Considering our special relationship with the United States of
America has the FCO seen all the evidence held by the US in the
case of Syed Talha Ahsan?
10) Can I have copies of any correspondence regarding evidence of
the guilt of Syed Talha Ahsan held by the FCO please?
11) Is from the evidence that the FCO has seen there even the
slightest chance that Syed Talha Ahsan might be innocent?
12) If the answer is yes, on what grounds was Syed Talha Ahsan
extradited considering the uneven extradition treaty we have with
the United States?
13) Syed Talha Ahsan, had before being extradited been held in UK
prisons for six years without charge. Was the FCO notified of this?
14) If yes, can I have copies of the notification(s) please?
15) Did the foreign office seek assurances in this clear-cut and
convincingly-guilty case that Syed Talha Ahsan would be quickly
brought to trial?
16) Can I have a copy of any document relating to an expeditious
trial or any other documents in which the FCO has attempted to
protect the human rights of Syed Talha Ahsan in this case please?
17) US legal prosecution teams in a clear-cut and convincingly
guilty case have deferred the trial-date from October 2013 to March
2014 increasing the suffering of Syed Talha Ahsan. Did they notify
the FCO of this?
18) Can I have a copy of any such notification please?
19) Why did the Foreign and Commonwealth Office extradite Syed
Talha Ahsan to be held in a maximum security prison 23 hours a day
in a case in which the prosecution has not been able to gather
enough evidence in over a decade to bring Syed Talha Ahsan swiftly
to justice when his prison record in the UK shows that an ordinary
prison would have been adequate and better for Syed Talha Ahsan’s
health and welfare?
20) Was the Foreign and Commonwealth Office aware that Talha Ahsan,
a prize-winning poet, suffers from Asberger Syndrome?
21) Have any special provisions been made to cater for his illness?
22) Can I see any correspondence relating to this pleas?
23) Was the Foreign and Commonwealth Office aware that Gary
McKinnon, another UK citizen, was spared extradition because he
suffers from Asperger Syndrome?
24) Does the FCO operate a policy of racism towards Muslims?
25) Can you let me have any figures that show how many people
extradited at US requests, including those rendered abroad during
the Iraq War, over the last thirteen years, were Muslims, and how
many were not?
26) Did the UK try to get Syed Talha Ahsan into a more humane
prison instead of prisons which have been described as torture
chambers where more than 90% plea bargain (even confessing to
crimes they did not commit to avoid further torture)?
27) Can I see what correspondence took place regarding the type of
penal institution Syed Talha Ahsan was to be held in?
Thank you.
Yours faithfully,
John Goss
This is a freedom of information request concerning the extradition
of Syed Talha Ahsan, a UK citizen, to the USA
Syed Talha Ahsan lost an appeal in the European Court of Human
Rights and was very quickly, the same day in fact, flown to the
United States of America.
1) Was any contact made with United States representatives of any
description to arrange the deportation of Syed Talha Ahsan before
the appeal verdict of the European Court of Human Rights had been
reached?
2) If the answer to question 1) is yes, which department of the FCO
and which personnel of that department had contact with which
personnel of which US department?
3) Can I have copies of any correspondence between the UK and USA
concerning the extradition of Syed Talha Ahsan please?
4) Was the FCO aware that two of the European judges, Lech Garlicki
and Nicolas Bratza, who sat in judgement on Syed Talha Ahsan, had
been at a 'closed-door' conference with US Supreme Court judges
Stephen Breyer, Samuel Alito, Anthony Kennedy and Sonia Sotomayor
in a conference called: 'Judicial Process and the Protection of
Rights: the U.S. Supreme Court and the European Court of Human
Rights'?
5) Does the FCO have any documents relating to the revelation in
question 4) and can I have copies please?
6) Was the FCO aware that also at the conference mentioned in
question 4) were "Derek Walton, who was representing the UK in
Ahsan’s European Court case, and the vastly influential Harold Koh,
who was serving as Obama’s appointed Legal Advisor to the State
Department." (New Statesman 21 February 2013).
7) Does the FCO have any documents relating to the revelation in
question 6) and can I have copies please?
8) Presumably the FCO would have had to be absolutely certain that
the case against Syed Talha Ahsan was a cast-iron copper-bottomed
guilty case to send a UK citizen to a country which has a
'concentration camp' at Guantanamo Bay, Cuba, where only 13 people
(out of 779) have ever been charged with a crime, and where 9 men
have died while in captivity. Would you not agree that given these
appalling figures the FCO would have to be certain that Syed Talha
Ahsan was guilty before sending him to the United States?
9) Considering our special relationship with the United States of
America has the FCO seen all the evidence held by the US in the
case of Syed Talha Ahsan?
10) Can I have copies of any correspondence regarding evidence of
the guilt of Syed Talha Ahsan held by the FCO please?
11) Is from the evidence that the FCO has seen there even the
slightest chance that Syed Talha Ahsan might be innocent?
12) If the answer is yes, on what grounds was Syed Talha Ahsan
extradited considering the uneven extradition treaty we have with
the United States?
13) Syed Talha Ahsan, had before being extradited been held in UK
prisons for six years without charge. Was the FCO notified of this?
14) If yes, can I have copies of the notification(s) please?
15) Did the foreign office seek assurances in this clear-cut and
convincingly-guilty case that Syed Talha Ahsan would be quickly
brought to trial?
16) Can I have a copy of any document relating to an expeditious
trial or any other documents in which the FCO has attempted to
protect the human rights of Syed Talha Ahsan in this case please?
17) US legal prosecution teams in a clear-cut and convincingly
guilty case have deferred the trial-date from October 2013 to March
2014 increasing the suffering of Syed Talha Ahsan. Did they notify
the FCO of this?
18) Can I have a copy of any such notification please?
19) Why did the Foreign and Commonwealth Office extradite Syed
Talha Ahsan to be held in a maximum security prison 23 hours a day
in a case in which the prosecution has not been able to gather
enough evidence in over a decade to bring Syed Talha Ahsan swiftly
to justice when his prison record in the UK shows that an ordinary
prison would have been adequate and better for Syed Talha Ahsan’s
health and welfare?
20) Was the Foreign and Commonwealth Office aware that Talha Ahsan,
a prize-winning poet, suffers from Asberger Syndrome?
21) Have any special provisions been made to cater for his illness?
22) Can I see any correspondence relating to this pleas?
23) Was the Foreign and Commonwealth Office aware that Gary
McKinnon, another UK citizen, was spared extradition because he
suffers from Asperger Syndrome?
24) Does the FCO operate a policy of racism towards Muslims?
25) Can you let me have any figures that show how many people
extradited at US requests, including those rendered abroad during
the Iraq War, over the last thirteen years, were Muslims, and how
many were not?
26) Did the UK try to get Syed Talha Ahsan into a more humane
prison instead of prisons which have been described as torture
chambers where more than 90% plea bargain (even confessing to
crimes they did not commit to avoid further torture)?
27) Can I see what correspondence took place regarding the type of
penal institution Syed Talha Ahsan was to be held in?
Thank you.
Yours faithfully,
John Goss