ABV Win: UK-US Extradition
15 April 2021
Deepak Vij, Director and Amirah Ajaz, Partner of ABV solicitors successfully defend and prevent their client Jabir Siddiq, referred to in court as Jabir Motiwala, from being extradited from the U.K to the U.S on charges of Narcotics Importation, Extortion and Money Laundering.
This was a long, complex and high- profile extradition case which took almost 3 years to complete.
Jabir Siddiq was said to be the lieutenant and second in command to Ibrahim Dawood, the boss of D-Company an international criminal organisation, who is on the FBI and world’s most wanted list, for the Mumbai bombings in 1993 which killed over 250 people and seriously injuring well over a thousand more.
ABV instructed counsel Edward Fitzgerald QC, of Doughty Street Chambers and Daniel Sternberg of Temple Garden Chambers to assist with the defence.
Such was the complexity of issues surrounding this case, ABV Solicitors commissioned numerous experts from the USA, Dubai and Pakistan to assist with the extradition proceedings before both the Westminster Magistrates Court and the High Court.
The grounds argued included:
- A breach of Article 3 ECHR due to a real risk of a sentence of life without parole.
- A breach of Article 6 ECHR due to a real risk of a terrorism enhancement being applied
- A breach of Article 3 ECHR due to a real risk of being subjected to inhuman prison conditions by being detained at the Metropolitan Detention Centre in New York
- A section 91 argument of rendering the extradition oppressive due to mental health and suicide risk.
- Outrageous government conduct and prosecutorial misconduct amounting to an abuse of process
- A passage of time bar under section 82 of the 2003 Act
An Appeal hearing took place at the High Court between the 24th and 25th March 2021 before Lord Justice Stuart Smith and Justice Robert Jay. The Judgement was reserved, however on the 6th April 2021 the US department of Justice, via the Crown Prosecution Service extradition unit in an unprecedented decision notified ABV Solicitors that they have dismissed all charges against Jabir Siddiq and were formally withdrawing their extradition request.
The Secretary of State Priti Patel ordered the formal withdrawal of the extradition request on the 13thApril 2021.
To date, no explanation has been afforded by the U.S Department of Justice why they have made this extraordinary decision to withdraw the extradition request and dismiss all charges at this stage.
It is strongly suspected that the decision was due to the admission to ABV Solicitors by an FBI informant Kamran Faridi, of being asked by the FBI to frame and fabricate evidence against Jabir Siddiq. Kamran Faridi was prevented from providing this evidence in the U.K extradition proceedings by the FBI. The High Court was informed of these bizarre circumstances. ABV Solicitors argued that this amounted to an abuse of the court process as a form of prosecutorial misconduct.
Jabir Siddiq, who maintained his innocence from the outset, is now back with his family in Karachi, Pakistan, following at least 32 months of imprisonment in the U.K.
Should you require expert extradition advice, contact ABV Solicitors Extradition Team on 0344 587 9996 or refer to our contact us page.