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| Pakistan-origin Asif Hafeez alias 'Sultan' arrested in UK for drug smuggling, it took six years to extradite him to America |
The US Drug Enforcement Agency has finally succeeded in achieving its long-standing goal. It also ended a nearly six-year court battle over the extradition of Lahore resident Muhammad Asif Hafeez, also known as 'Sultan' in court papers, to the US, which he had fought against his extradition to the US. Fought in the courts.
Muhammad Asif Hafeez was arrested on August 25, 2017, by the UK's National Crime Agency from his flat in central London. His arrest was based on an American request.
The US government requested the extradition of Asif Hafeez to the US on charges of planning to smuggle heroin, meth, and hashish into the US.
He is also charged with knowingly assisting in the production of heroin to be smuggled into the United States.
European Court decision
Asif Hafeez's legal battle against his extradition to the US ended last month at the European Court of Human Rights, where a seven-judge bench rejected his appeal in a unanimous decision. At the same time, the last obstacle to his extradition by the British government to the United States was also removed.
In his appeal, Asif Hafeez argued that his extradition to the US would be a violation of his human rights under international conventions as he would face inhumane and degrading treatment in US jails and the kind of treatment he received. The charges he faces in U.S. courts could carry a sentence of up to life in prison with no possibility of parole.
However, a seven-member bench of the European Court of Human Rights, headed by Judge Gabriela Cicco-Stadelmaier, rejected his appeal.
In their eighteen-page judgment, seven European judges discussed in detail all the arguments presented by Asif Hafeez's lawyers, but this bench of the European Court of Human Rights did not agree with their arguments.
Proceedings at Westminster Magistrates' Court
Earlier, in the middle of 2018, Asif Hafeez's request for extradition to America was heard. On this occasion, he expressed fear of violation of his human rights before and during his possible trial in the United States.
At this point, he had taken the position that he would face abuse from his fellow prisoners and would be seen as an informer.
In this regard, his lawyers presented evidence of his connections with various government agencies in which he had provided secret information to these agencies on the basis of which huge quantities of drugs were seized.
During the hearing, US Attorney Mr. MK testified in his favor. He told the court that before the trial, Asif Hafeez will be kept in the Metropolitan Correctional Center in Manhattan or the Metropolitan Detention Center in Brooklyn, where he may face various difficulties.
Another U.S. Attorney, Ms. DC, also testified in favor of Asif Hafeez, stating that he could face up to ten years in prison for each of the charges he faces. They can and there is a risk that their total sentence could be life imprisonment. He also said that there is no scope for parole under the US federal system.
In his decision, British District Judge John Zani rejected these arguments and declared that whether he was held in a Manhattan prison or in a detention center in Brooklyn, the conditions did not rise above the threshold for his human rights. can be declared as a violation of the rights obtained under Article 3 of the Convention.
The district judge had also rejected the contention of Asif Hafeez's lawyers that he might face ill-treatment by other prisoners. He said that he did not think that Asif Hafeez had established links with the law enforcement agencies in any way due to high moral reasons.
They said that Hafeez provided classified information to law enforcement agencies about people who were among his opponents in his vast business in the world of crime.
Judge John Zani also rejected the arguments given about the possible impact on Asif Hafeez's health in case of extradition to America. He said that the US prison authorities have been alerted to Asif Hafeez's health problems and have confirmed that his medical needs will be well taken care of.
The District Judge in his decision pronounced on January 11, 2019, declared that in his opinion, all the requirements regarding the extradition of Asif Hafeez to America are being fulfilled and there are no obstacles in his way. With his opinion, he sent the matter to the Secretary of State for Home Affairs, who ordered the extradition of Asif Hafeez to America on March 5, 2019.
What was the decision of the London High Court?
Before the Home Secretary's order was implemented, Asif Hafeez approached the London High Court seeking permission to appeal against the Home Secretary's order.
The preliminary hearing on his application was held on September 27, 2019. Later, a formal hearing in this regard was held in December 2019. During the hearing, the applicant requested to present new evidence before the court regarding the non-availability of facilities during detention and other matters, which will be rejected.
On Asif Hafeez's claim of being an informer, the court said that the US government does not consider him an informer and on this basis, he cannot get the benefit of the 'status which he does not have.'
The arguments presented regarding other aspects of the case also could not satisfy the court that Asif Hafeez should be given the opportunity to make a formal appeal. The London High Court issued its decision on January 31, 2020.
After that, Asif Hafeez approached the European Court of Human Rights, which on March 24, 2020, issued an interim injunction, halting his extradition to the United States.
What is the charge against Asif Hafeez?
As is usually the case in extradition cases, the merits of the case have not yet been argued in any court. In January 2017, he was named as the main accused in drug-related incidents in Kenya.
In this case, two full brothers from Kenya Baktash Okasha and Ibrahim Abdullah Okasha, the alleged partner of Bollywood actress Mamta Kulkarni and Indian citizen Vicky Goswami and a Pakistani man Ghulam Hussain were named as co-accused.
According to the charge sheet, on March 28, 2014, in Mombasa, Kenya, Baktash Akasha met with two men who introduced themselves as representatives of a Colombian drug trafficking group but were actually undercover agents of the Anti-Narcotics. The US was working for the DEA.
During the meeting, he told Baktash Akasha that the Colombian organization wanted to buy high-quality heroin for smuggling to America. Baktash Akasha then told them that he could supply them with 100% 'white crystal' or unadulterated heroin.
On September 19, 2014, there was a meeting between Baktash Okasha, Ibrahim Abdullah Okasha, Ghulam Hussain, Vicky Goswami, and a fifth co-accused (who has not been named) during which it was stated that the heroin supplier 'Sultan' had made the fifth person his representative. Sent as During the meeting, Vicky Goswami asked the representative to provide a one-kilogram sample of heroin.
On 23 September 2014, Asif Hafeez spoke to Vicky Goswami and his representative in Kenya over the phone about the heroin deal. On October 14, 2014, Ibrahim Akasha met an agent claiming to represent the Colombian drug mafia in Nairobi and provided him with approximately one kilogram of heroin.
On November 7, 2014, Ibrahim Akasha and a co-accused claiming to be a representative of 'Sultan' met two undercover agents claiming to be from Colombia and supplied them with 98 kilograms of heroin.
The charge sheet also alleged that in 2015, Asif Hafeez, along with Vicky Goswami, planned to set up a meth factory on the outskirts of Maputo in the African country of Mozambique to smuggle it to other countries, including the United States.
In this connection, in April 2016, a co-accused was sent from Africa to India to arrange the departure of a multi-ton consignment of ephedrine for use in a factory set up on the outskirts of Maputo. Later, Indian authorities raided a factory in Solapur and seized 18 tons of ephedrine.