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Abu Hamza al-Masri

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Abu Hamza al-Masri
165 × 193px
An early picture of Abu Hamza al-Masri, prior to losing an eye in an explosion
Born
Mustafa Kamel Mustafa (Arabic: مصطفى كامل مصطفى)

(1958-04-15) 15 April 1958 (age 66)
Alexandria, Egypt

Abu Hamza al-Masri (Arabic: أبو حمزةالمصري, Abū Ḥamzah al-Maṣrī) (born 15 April 1958, Alexandria) is an Egyptian-born Sunni terrorist known for the preaching of Islamic fundamentalism and militant Islamism or jihadism. He has been held in prison in the United Kingdom since 2004.

Background

Abu Hamza al-Masri was born in Alexandria, Egypt as Mustafa Kamel Mustafa in 1958, the son of a middle class army officer. In 1979, he entered the UK on a student visa.[1]

His initial reaction to life in Britain was to describe it as "a paradise, where you could do anything you wanted".[2] He studied civil engineering at Brighton Polytechnic College (now known as the University of Brighton).[3]

In the early 1990s, Masri lived in Bosnia, with a forged identity document, where he fought alongside Bosniaks (Bosnian Muslims) against Serbs and Croats during the Bosnian War.[4][5]

He lost both hands and an eye whilst on a de-mining project near Jalalabad, during the war against the Soviet occupation of Afghanistan.[6] He now uses a distinctive hook prosthesis replacing his right hand – which on 21 January 2003 would spark the front page headline "SLING YOUR HOOK" from The Sun newspaper, urging him to leave Britain.[7] CNN reported that Masri's missing hand and eye were "injuries he says he sustained while tackling a landmine in Afghanistan".[8]

Family

On 16 May 1980, Masri married Valerie Traverso, a Roman Catholic convert to Islam,[9] and had a son, Mohammed Mustafa Kamel, whom Masri later separated from his mother when the boy was four years old. His son did not see his mother again for another twelve years.[10] He acquired British citizenship following three years of marriage and, according to the Sun newspaper, acquired a job as a bouncer for a peep show in Soho.[10] In 1984, he divorced his wife and married Nadjet, with whom he has seven children.[11]

In 1999 Masri's eldest son, Mohammed Mustafa Kamel (at the time 17 years old), and his stepson, Mohsin Ghalain, were arrested in Yemen. They were accused of being part of a bomb plot involving eight Britons and two Algerians and were imprisoned for three years and seven years respectively. The prosecution alleged that Masri had sent them to Yemen to carry out terrorist attacks. The defence argued that the men had been tortured and called the trial a "travesty of justice".[12][13]

Religious life

Masri was formerly the imam of Finsbury Park Mosque, and a leader of "Supporters of Sharia", a radical group that believed in a strict interpretation of Islamic law. In 2003, he addressed a rally in central London called by the Islamic al-Muhajiroun, where members spoke of their support for Islamist goals like the creation of a new Islamic caliphate and destroying the Western-backed Middle Eastern regimes.

On 4 February 2003 (after being suspended since April 2002), Masri was dismissed from his position at the Finsbury Park mosque by the Charity Commission,[14][15] the government department that regulates charities in England and Wales. After his exclusion from the mosque, he preached outside the gates until May 2004, when he was arrested at the start of US extradition proceedings against him (see below).[16]

Masri publicly expressed support for Islamist goals like creating a caliphate,[17] and for Osama bin Laden. He wrote a paper entitled El Ansar (The Victor) in which he expressed support for the actions of the Armed Islamic Group (GIA) in Algeria, but he later rejected them when they started killing civilians.[18]

It is alleged that he associated with Abdullah el-Faisal, a Jamaican Muslim convert cleric who preached in the UK until he was imprisoned for urging his followers to murder Jews, Hindus, Christians and Americans, subsequently being deported to Jamaica in 2007.[19]

Arrest, charges and imprisonment

On 26 August 2004, Masri was arrested by British police under section 41 of the Terrorism Act 2000 which covers the instigation of acts of terrorism. He was "de-arrested" on 31 August 2004, but kept in prison whilst a US extradition case was developed and British authorities drew up further criminal charges of their own.[20] Almost two months later, on 19 October 2004, Masri was charged with 15 offences under the provisions of various British statutes, including encouraging the murder of non-Muslims, and intent to stir up racial hatred.[21] The trial commenced on 5 July 2005, but was adjourned, and not resumed until 9 January 2006. On 7 February 2006, he was found guilty on eleven charges and not guilty on four:

  • Guilty of six charges of soliciting murder under the Offences against the Person Act 1861; not guilty on three further such charges.
  • Guilty of three charges related to "using threatening, abusive or insulting words or behaviour with the intention of stirring up racial hatred" under the Public Order Act 1986, not guilty on one further such charge.
  • Guilty of one charge of owning recordings related to "stirring up racial hatred".
  • Guilty of one charge of possessing a "terrorist encyclopaedia" under the Terrorism Act 2000, s58. This charge under the Terrorism Act of 2000 related to his possession of an Encyclopedia of Afghan Jihad, an Al Qaeda Handbook and other propaganda materials produced by Masri.[22]

In sentencing, Mr Justice Hughes said Masri had "helped to create an atmosphere in which to kill has become regarded by some as not only a legitimate course but a moral and religious duty in pursuit of perceived justice".[23] Masri was sentenced to seven years' imprisonment.

Costs

On 18 January 2007, Lord Justice Hughes made an order for the recovery of the full costs of the defence of the race-hate charges, estimated in excess of 1 million pounds. This judgement was based on his view that "the story I have been told today (by Masri) is simply not true" that he [Masri] had no share in a £220,000 house in Greenford, west London. Masri had claimed it belonged to his sister. The court also found that Masri was contributing £9000 a year for private education for his children.[24] The Daily Mail reported in 2009 that the TaxPayers' Alliance estimated that the father-of-eight Masri had so far cost Britain £2.75 million in welfare payments, council housing and legal costs.[25]

Having been held in prison since May 2004, Masri would normally have completed his sentence and been freed in 2011. However, British authorities continued to keep him in Belmarsh Prison whilst the US sought to extradite him.[26]

Imprisonment of Sons

On 28 May 2009, three of al-Masri's sons were sentenced to imprisonment by Southwark Crown Court for a two-year fraud involving stolen cars. Hamza Kamel, then aged 22 and Mohamed Mostafa, then aged 27 (both from Acton, London) ran the scam operation with Masri's stepson Mohssin Ghailam, then aged 28. Four other men were jailed on related charges.[27] In July 2010, it was reported that another son, Yasser Kamel then aged 20, was sentenced to twelve months in youth detention after pleading guilty to one count of violent disorder at anti-Israel protests in January 2009.[28] In January 2012, Imran Mostafa (another of Abu Hamza's sons) was convicted for his part in an armed robbery on a jewellers in Kings Lynn, Norfolk, and for illegaly possessing a firearm with intent to commit an offence.[29]

Extradition to US

On 27 May 2004, Masri was detained on remand by British authorities and appeared before magistrates at the start of a process to try to extradite him to the United States. Yemen also requested his extradition. The U.S. want Masri to stand trial for 11 counts relating to the taking of 16 hostages in Yemen in 1998, advocating violent jihad in Afghanistan in 2001, supporting James Ujaama in an attempt to establish a terrorist training camp in late 1999 and early 2000 near Bly, Oregon and of providing aid to al Qaeda.[30][31] Ujaama is a US citizen who had met Masri in England in 1999 and was indicted in the US for providing aid to al Qaeda, attempting to establish a terrorist training camp, and for running a web site advocating global violent jihad.[32] Masri was in Britain throughout the relevant period.

As a member state of the European Union, the United Kingdom is party to an agreement whereby extradition must be refused to any country which has the death penalty and where the suspect is to be tried in a capital case.[33] However, on 15 November 2007, British courts gave permission for Masri's extradition to the US.[34][35] Masri appealed against this decision to the European Court of Human Rights (ECHR), Europe's highest court. In the meantime, Masri was kept in prison after the completion of his sentence.

On 8 July 2010, ECHR indefinitely blocked Masri's extradition to the United States to face terrorism charges until the court was satisfied that Masri would not be treated inhumanely.[36] The court based its judgement on ECHR which applies to British law. It is an absolute prohibition for a signatory to the ECHR to remove anyone to a place where they would be subject to inhumane or degrading treatment.[37] In past cases, the ECHR has prevented the UK from deporting suspected foreign terrorists to places where they might be executed or tortured. In Masri's case this has been extended to refusing extradition to a country where he might be jailed for life and where the prison regime is judged to be too harsh. The ruling would apply to any extradition to the US unless American authorities can guarantee in advance that the suspect will not be incarcerated in a so-called supermax prison. The court said there should be further legal argument on whether life without parole would be a breach of human rights. The court asked for fresh submissions on whether Masri, and other prisoners awaiting extradition, would face inhumane treatment in the US if they were sent there to stand trial. [38] On 24 September 2012, the court said he could be extradited to the U.S. to face terrorism charges.[39]

See also

References

  1. ^ Brooks, Libby (Thursday 1 May 2003). "5 tough questions about asylum-part 2". The Guardian. London. Retrieved 18 March 2009. {{cite news}}: Check date values in: |date= (help)
  2. ^ "BBC Four - Storyville". BBC. 25 November 2011. Retrieved 10 April 2012.
  3. ^ Lawson, Tracy (21 January 2003). "As a fundamentalist cleric reviled and revered for his preaches of hate". The Scotsman. Retrieved 18 March 2009.
  4. ^ Nun, Jan (8 February 2006). "U.K.: Muslim Extremist Preacher Gets Seven Years In Jail". Radio Free Europe. Retrieved 21 March 2009.
  5. ^ Naughton, Philippe (7 February 2006). "Profile: Abu Hamza". Times Online edition. London: The Times. Retrieved 21 March 2009.
  6. ^ http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/9563658/Abu-Hamza-could-be-out-of-Britain-in-days-after-losing-extradition-appeal.html
  7. ^ "SLING-YOUR-HOOK.jpg (image)". 1.bp.blogspot.com. Retrieved 10 April 2012.
  8. ^ "Abu Hamza: Controversial Muslim figure". CNN. 27 May 2004. Retrieved 10 April 2012.
  9. ^ "Hamza's ex-wife life threatened". BBC. 8 February 2006. Retrieved 18 March 2009.
  10. ^ a b Hughes, Simon (17 May 2007). "Hook and a hooker". The Sun. London.
  11. ^ Casciani, Dominic (7 February 2006). "Profile: Abu Hamza". BBC. Retrieved 10 April 2012.
  12. ^ "Britons convicted of Yemen bomb plot". BBC. 9 August 1999.
  13. ^ "Abu Hamza and the Islamic Army". Albab. Retrieved 10 April 2012.
  14. ^ "Mosque raid findings revealed". BBC News. 7 February 2006.
  15. ^ Casciani, Dominic; Sakr, Sharif (7 February 2006). "The battle for the mosque". BBC News.
  16. ^ Casciani, Dominic (27 May 2004). "Profile: Abu Hamza al-Masri". BBC. Retrieved 22 March 2009.
  17. ^ Oneill, Sean (13 January 2006). "Abu Hamzas video call to arms". The Times. London.
  18. ^ "The Algerian Question", Algeria: Anger of the Dispossessed, Yale University Press, John Phillips and Martin Evans, 2007, p. 222
  19. ^ Thackrah, John Richard (2004). Dictionary of terrorism. Routledge. p. 145. ISBN 978-0-415-29820-9. Retrieved 10 April 2012.
  20. ^ "Muslim cleric Hamza de-arrested". BBC News online. BBC. 31 August 2004. Retrieved 22 March 2009.
  21. ^ "Cleric faces trial on 16 charges". CNN. 1 August 2006. Retrieved 10 April 2012.
  22. ^ Vikram Dodd (12 January 2006). "Islamic cleric had terror handbook, court told". The Guardian. Retrieved 10 April 2012.
  23. ^ Campbell, Duncan (9 February 2006). "'Preacher of hate' jailed in Britain". The Age. Retrieved 10 April 2012.
  24. ^ "Abu Hamza must pay £1m for trial". BBC. 18 January 2007. Retrieved 22 March 2009.
  25. ^ Taxpayers' Alliance estimates on al-Masri's cost to the British taxpayer[dead link]
  26. ^ Rebecca Camber (17 November 2009). "Hate preacher Abu Hamza secretly gives lectures on Islam ... through the water pipes of his prison cell". Daily Mail. Retrieved 10 April 2012.
  27. ^ "Mohammed Chiadmi, 31, from Maida Vale, his brother Abdul Chiadmi, 22, from Ladbroke Grove, Khalid Jebari, 22, from Pimlico, and Hamza Mrimou, 27, from Fulham, admitted fraud, handling stolen goods and money laundering.""Abu Hamza's car scam sons jailed". BBC News Online. BBC. 28 May 2009. Retrieved 28 May 2009.
  28. ^ Rebecca Camber (1 July 2010). "Son of hate preacher Abu Hamza jailed for attacking police at London demonstration". Daily Mail. Retrieved 10 April 2012.
  29. ^ Alex Ward (28 August 2012). "Abu Hamza's son Imran Mostafa stole £70,000 jewellery in armed robbery". Daily Mail. Retrieved 1 September 2012.
  30. ^ http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/9563658/Abu-Hamza-could-be-out-of-Britain-in-days-after-losing-extradition-appeal.html
  31. ^ ""Abu Hamza arrested in London on terrorism charges files in the United States."". Justice Ministry. Retrieved 10 April 2012.
  32. ^ "From community activist to alleged terror conspirator". CNN. 29 August 2002.
  33. ^ Hayes, Ben. "The new UK-US Extradition Treaty" (PDF). Statewatch analysis (17). Statewatch. ISSN 1756-851X. Retrieved 21 March 2009.
  34. ^ "Abu Hamza could face extradition". BBC. 15 November 2007. Retrieved 10 April 2012.
  35. ^ Hughes, Simon (20 June 2008). "Abu Hamza will be sent packing to America straight after serving his jail sentence in Britain". The Sun. Retrieved 10 April 2012.
  36. ^ Dodd, Vikram (8 July 2010). "Abu Hamza extradition to US blocked by European court". The Guardian. London.
  37. ^ "Abu Hamza extradition to US blocked on human rights grounds". The Daily Telegraph. London. 8 July 2010.
  38. ^ "Yemen seeks Abu Hamza's extradition.(UPI Top Stories)". UPI News. 29 May 2004.
  39. ^ Hue, Sylivia. "UK TO EXTRADITE RADICAL MUSLIM CLERIC TO US". AP. Retrieved 25 September 2012.

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