Arif Naqvi’s lawyer turns down latest US prison proposal

LONDON: Lawyers of Abraaj Group founder Arif Naqvi have argued before the Westminster Magistrates’ Court that conditions at Essex County Prison, amongst many other prisons in the US system, do not adhere to international human rights standards.

Naqvi continued to battle extradition to the United States at a court hearing the other day with his lawyers led by Hugo Keith QC. The Chief Magistrate Lady Emma Arbuthnot at the Westminster Magistrates’ Court heard from the US government lawyer Mark Summers QC that Naqvi will be held at the Essex County Prison near Hudson River. The lawyer said they would attempt to have diplomatic assurances provided for his good treatment in the event of his extradition to the United States, where he faces a federal indictment of 16 charges and 300 years in prison if found guilty.

Summers QC introduced this new prison in response to evidence introduced in June by Hugo Keith QC to shed light on either of the initial two prisons that he was meant to be kept at — Metropolitan Correctional Centre (MCC) or Metropolitan Detention Centre (MDC).

In the latest development, the US, through Summer QC, agreed to have him remanded to a third facility — Essex County Prison. Naqvi’s lawyer rejected the proposal and raised prison conditions once again, speaking about alleged breaches of Article 3 in the current and previously proposed prisons. Keith QC told the court that Essex County Prison is where detainees liable for deportation are held and therefore, he argued, conditions are degrading and would not be satisfactory. The US also denies many rights to non-US nationals in the prison system, he said, including the prison camp option which is available to first time offenders in white collar crimes if they are US nationals.

He said if one was to simply look at the press coverage, it has been allegedly established that deaths are routinely taking place at Essex County Prison.

Within the administrative hearing that took place with a view to set a date, Naqvi’s lawyers asked on account of his exemplary behaviour and strict adherence to all conditions that he be granted certain relaxations — namely to be able to freely move around in London for set periods during the day to attend meetings, and to also relax the amount of bail securities being held by the court — which is £15 million in cash.

The judge rejected both requests and kept the same conditions in place, because of significant resistance from Summers QC on the alleged guilt of Naqvi. The judge did however grant two weeks for Naqvi to spend time with his family in the UK countryside, subject to the same restrictions that he faces in his current apartment with the judge referring to Naqvi as being under arrest at home in place of being under arrest in prison.

The United States government wants to extradite Naqvi to New York on allegations of money laundering, racketeering and fraud. The case continues and next hearing will take place in December 2020.