Migrant who raped girl, 14, can't be deported 'because prison cell might be too small'

A man from Afghanistan who fled to the UK after a court convicted him of raping a 14-year-old girl has opposed extradition to France on the grounds that his prison cell might be too small.

After a warrant was issued by France "for the rape of a minor", Abdul Ahmadzai, 36, was arrested under the Extradition Act 2003. He was convicted in his absence of the rape of a 14-year-old girl and sentenced to five years in prison. At the Westminster Magistrates' Court extradition hearing, Stefan Hyman, representing Ahmadzai, spoke about the perceived risk that Ahmadzai could be detained in a space that would be smaller than three square metres if he is extradited across the Channel.

The hearing was based on 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", according to Katy O'Mara who acted for Ahmadzai at the Magistrates Court in July. Judge Timothy King then set his extradition hearing for September 12.

During the hearing, Mr Hyman suggested that the Crown Prosecution Service write to the French authorities to ask whether Ahmadzai would have his own bed and a three-square-metre space, reports The Telegraph.

He noted reasons such as having no idea where Ahmadzai would be detained, highlighted a "very mixed picture in Paris", and the uniqueness of the case due to retrial rights, and whether he would be considered an accused person.

The barrister added that they could not predict what would happen in a retrial because the victim was elsewhere in France.

He added that a few prisons in the country are problematic, with little space and some electrical problems.

Lucia Brieskova, for the Government, told the court there was a "high threshold" to meet Article 3 and that there was no real risk of Ahmadzai ending up in conditions that did not comply with it.

District Judge Joanna Matson adjourned her decision on Ahmadzai's extradition until October 10.

Ahmadzai remains in custody.