Delays prevent terror extradition

The Home Office had three years to process the extradition papers

An alleged al-Qaeda terrorist held in the UK and wanted in Italy will not be extradited because the Home Office did not process the request in time.

Home Office officials failed to meet the three-year extradition deadline for asylum-seeker Farj Hassan Faraj, 24, who was arrested in May 2002.

The Libyan stands accused of being one of the key figures in an Islamic terror gang and a follower of Osama bin Laden.

The Home Office blamed cumbersome laws which have now been repealed.

'Brainwashing'

However, the Italian extradition bid was backed by the High Court in December last year.

The failure means the suspect can no longer face trial in Milan for allegedly planning terror attacks in Europe because Italy has no further right of appeal.

The mix-up is reported to have caused a serious rift between the British and Italian authorities, who say they speeded up the extradition of one of the suspects in the attempted London bombings of 21 July.

Italy accuses Faraj, known as "Hamza the Libyan", of being a member of an international gang engaged in the planning and preparation of terrorist attacks inside and outside Italy.

Members of the gang were accused of procuring false documents, raising funds for terrorism and carrying out the "brainwashing" of those who were to carry out terrorist acts.

European atrocity?

The Italians said it was clear by September 2002 that the gang intended to carry out a terrorist atrocity, almost certainly in a European country.

In May 2004 Faraj, who had been convicted in 2002 of possessing and handling a stolen British passport, was committed to prison to await the home secretary's decision on extradition.

Every single extradition case has its own complexities. Home Office spokesman

He completed the sentence but remains in detention in an immigration detention centre and could be deported.

A Home Office spokesman confirmed that the delay in processing the Italian request had led to Faraj not being extradited.

When asked for the reasons for the delay, the spokesman said: "Every single extradition case has its own complexities.

"This specific case was governed by the 1999 Extradition Act which has now been repealed.

"The 2003 Act means that cases can be pushed through much more quickly."

Fast tracking

Under the old act cases took an average of 18 months, but they now take an average of six months, the Home Office said.

The spokesman would not say if the Home Office regretted missing the extradition deadline, but said the suspect was not at large and was still being held in British custody under "immigration powers".

He would not confirm whether the suspect was due to be deported.

But he added that the home secretary had made it very clear, in the wake of the 7 July attacks, that he would be very tough on anyone deemed "not conducive to the public good".

The spokesman added that the Home Office was beginning a consultation on the fast-tracking of extradition procedures in terror-related cases.