Afghan child attacker who thought French cells might not be roomy enough will get to find out

An Afghan man who escaped to the UK after being convicted of raping a 14-year-old girl in France is to be extradited despite his concerns that continental cells may not be roomy enough for him.

Abdul Ahmadzai, 36, was arrested under the Extradition Act 2003 after a warrant was issued by French police ‘for the rape of a minor.’

He was convicted in absence and given five years in prison but decided to come to the UK on a small boat rather than spend time in a French jail.

Ahmadzai appeared at Westminster Magistrates’ Court today (Fri) wearing grey prison clothes and accompanied by an Afghan interpreter.

Stefan Hyman, for Ahmadzai, earlier argued that Ahmadzai’s case could pass the threshold for Article 3 of the European Convention on Human Rights, which states that ‘no one shall be subjected to torture or inhuman or degrading treatment or punishment’.

He said: ‘We have obtained an expert report which suggests that the requested person would be taken to Paris.

‘He’s a convicted person, and so unless he chooses to have a retrial, I understand that he will be detained in Paris but I can’t say what would happen if he chooses to have a retrial because the victim in this case is elsewhere in France.’

Mr Hyman said there was a ‘real risk’ of Ahmadzai being ‘detained in a space fewer than three square metres.

‘I would respectfully suggest that given the low threshold and the very mixed picture in Paris and the fact that we have no idea where he’s actually going to be detained in Paris, and, actually, his case is quite particular because of the retrial right and whether he would be an accused person.

‘I would suggest there is enough here to invite the CPS to write to the French and say: ‘Can you tell us he’s going to have his own bed and three metres squared please?’

The barrister explained that ‘some of the prisons are not problematic but there a few that are particularly problematic, and they do have quite a few spaces.’

He added that ‘in some prisons there are wider problems with electrics but I don’t say that’s a systematic problem.’

Lucia Brieskova, for the government, earlier told the court there was a ‘high threshold’ for Article 3 to be met.

‘I don’t think there is a real risk of him ending up with conditions that are non-Article-3 compliant’, she said.

District Judge Joanna Matson ruled he should be extradited.

District Judge Stephen Leake passed on the decision and said: ‘I now formally make that order for your extradition.

‘You have a right to appeal, subject to any application, you will be removed within 10 days of the order being made.

‘I remand you into custody as before.’