Terror suspects 'fear for rights'

Haroon Aswat is accused of plotting to set up a war training camp

Two British terror suspects fighting extradition to the US face a "real risk" of injustice and discrimination, the High Court has been told.

Babar Ahmad, of Tooting, south London, is accused of inciting murder and holy war, and Haroon Aswat allegedly plotted to set up a training camp for war.

At the start of a three-day hearing, Edward Fitzgerald QC argued their human rights would be in danger in the US.

The US says assurances it has given are sufficient in international law.

'Solitary confinement'

Mr Fitzgerald, appearing for both men, asked Lord Justice Laws, sitting with Mr Justice Walker, to halt extradition.

He said the men also faced the risk of extraordinary rendition - where terrorist suspects are sent to third countries for interrogation - and being held in solitary confinement.

He added they were in danger of being indefinitely detained under a military order applying to foreign citizens, or tried and sentenced by a military commission as enemy combatants in what would amount to "a flagrant denial of justice".

Mr Fitzgerald said the judges should not rely on assurances given by the US that the men would be treated fairly.

Three articles of the European Convention on Human Rights would be breached if the men were extradited, the QC said.

'Accepted tool'

Lawyers for the US argue the court is entitled to rely upon diplomatic assurances in international law, and the assertions made by Mr Fitzgerald are "speculative".

They state that such assurances are "an intrinsic, accepted and flexible tool in the extradition process".

The charges against computer expert Mr Ahmad are running websites inciting murder and urging Muslims to fight a holy war.

Mr Aswat, a Briton arrested in Zambia, is accused of planning to set up a camp in Bly, Oregon, to train people to fight in Afghanistan.

Both men followed proceedings via a video link to Woodhill category A prison near Milton Keynes, Bucks, where they are being held.

The hearing continues on Wednesday.