Terror charge extradition 'illegal'

The men are wanted in connection with the Kenyan US embassy bombing

Lawyers representing three men wanted in the US for alleged terrorists acts claim extradition from one state to another does not need to be based on treaties between them.

London-based businessman Khalid al Fawwaz, 37, and Egyptians Ibrahim Eiderous, 39, and Adel Abdul Bary, 42, were arrested in the UK more than two years ago on international warrants.

The three alleged associates of terrorist leader Osama Bin Laden are wanted in association with the 1998 US embassy bombings in Kenya and Tanzania, in which 231 people died.

They are charged with conspiring with Bin Laden and others to murder Americans abroad.

The US government has told the Law Lords the alleged offences were within the jurisdiction of the US and that the appellants' applications for a writ to free them from prison should not be granted.

Counsel for the US government James Lewis told the Lords: "There is no rule in public international law that extradition must be treaty- based.

"Extradition is a pure sovereign act."

Insufficient evidence

The three men are appealing against a High Court ruling which supported a magistrate that they should be committed to await the Home Secretary's final decision on extradition.

Mr Lewis stressed the three were not accused of being involved in the 11 September US terror attacks.

The men are accused of bombing the US embassy in Tanzania

Edward Fitzgerald QC, appearing for Mr al Fawwaz, said the English courts could not order his client's extradition because "he is not a fugitive criminal within the meaning of the Extradition Act and this is not an extradition crime".

He said that, in order for the conspiracy to murder Americans to be an allegation justifying the removal of Mr al Fawwaz and his two co-accused to the US, it had to be committed "within the jurisdiction" of the US, which was the requesting state.

Mr Fitzgerald said there was "manifestly insufficient evidence" to found a case for extradition.

Mr al Fawwaz has denied any involvement with Bin Laden and denies the Advice and Reformation Committee with which he was connected was the UK arm of Bin Laden's al Qaeda terror organisation.