Terror suspect wins freedom bid

Lawyers for Farid Hilali, who has been in custody in British jails for more than two-and-a-half years, were granted a writ of habeas corpus to obtain his release.

The 36-year-old is held at Whitemoor prison, Cambridgeshire, awaiting extradition to Spain on charges of conspiracy to murder. The charges are based on accusations that he was party to a conspiracy in Spain linked to and supportive of the 9/11 outrage.

Lady Justice Smith and Mr Justice Irwin ruled at London's High Court that his detention under a European arrest warrant had become arbitrary and unjustified.

The judges ruled that his current detention "is unlawful and a writ of habeas corpus must be issued". They refused the Crown Prosecution Service and Spanish authorities leave to appeal, but the CPS are still considering petitioning the House of Lords direct because of the importance of the case.

Hilali will not be freed until the law lords have decided whether or not to hear the case. The judges also said they would not grant him bail pending any further court hearing until his immigration status has been clarified, saying they feared he might abscond and had a past history of using false documents.

Later Muddassar Arani, solicitor for Hilali, said: "The court has decided that Mr Hilali's detention under the European arrest warrant had become arbitrary and unjustified. The European arrest warrant scheme rests on trust.

"We argued that the courts in one EU country have to trust the courts of another, and this judgment demonstrates how important it is that that trust is not abused, and that courts who request extradition should act openly and in good faith.

"No explanation has been tendered, in spite of numerous requests by me and my firm, as to why the Spanish authorities have obstinately proceeded with a dud case. Why criminal proceedings have not been taken in London has never been explained.

"If the authorities have any evidence against Mr Hilali, let them charge him, and bring him before a British jury, rather than his already excessive imprisonment without trial for many months more." The US criminal justice authorities "have never sought his extradition, and do not believe there is any evidence against him".