Algerian can't have fair trial, hearing told

A suspected al-Qaida terrorist today appeared in court for an extradition hearing brought by the US.

Algerian Amar Makhlulif, 37, is accused of being involved in an alleged plot to blow up Los Angeles airport on Millennium Eve.

Makhlulif, also known as Doha and The Doctor, is suspected of helping terrorists travel to Osama bin Laden’s training camps in Afghanistan and of sending others to Canada to prepare for the September 11 attacks.

He appeared today at the top-security Belmarsh Magistrates’ Court in south east London.

The court heard that Makhlulif faced ‘‘very serious’’ allegations in the US concerning terrorism and was seen as ‘‘one of the cell leaders in this country’’.

There are five accusations against Makhlulif, the most serious of which are that he plotted with Osama bin Laden, Ahmed Ressam and others between April 1998 and December 14, 1999, to murder people in the US, and plotted with the same people to cause an explosion which would endanger life and property.

He is also accused of plotting with the same people an act of violence by means of an explosive which would endanger safety of an airport; conspiracy to possess articles for suspected terrorist offences, and conspiracy to use explosives intending to do grievous bodily harm.

If he was extradited to the US, Makhlulif would face a trial.

The US authorities have indicated that if he was to be convicted he would be imprisoned with no possibility of parole but would not face the death penalty.

But Ben Emmerson QC, for Makhlulif, told the court a trial in the US would be a ‘‘flagrant denial of justice’’.

Eight witnesses for Makhlulif would not be prepared to give evidence in the US, he said.

The unprecedented level of publicity in the US would also pose ‘‘an irrevocable threat of unfairness’’ in the case.

Mr Emmerson said the ‘‘intolerable conditions’’ in which Islamic defendants were held in the US and the possible sentence with no prospect of parole amounted to ‘‘inhuman and degrading treatment’’.

He told the court: ‘‘The latest indication from the US is the offences alleged would not carry the death penalty because of the facts on which they are based.

‘‘Be that as it may, against the background a sentence without possibility of parole and conditions of detention would amount to inhuman and degrading treatment.’’