This article is more than 6 years old

This article is more than 6 years old

Removing suspects' automatic right of appeal against extradition will undermine a major safeguard for British citizens facing trial overseas, Liberty has warned.

In a letter to the Guardian, Shami Chakrabarti, director of the civil rights organisation, accuses the government of "slipping" the clause into the anti-social behaviour, crime and policing bill.

Her letter highlights the case of Talha Ahsan, a British poet and translator who was extradited to the United States a year ago today on charges of supporting terrorism through a pro-jihadi website he is alleged to have operated.

Ahsan is awaiting trial in a supermax state prison in Connecticut. He is said to have Aspergers Syndrome and fought a six-year legal battle against extradition. His supporters point out that the evidence against him was never examined in detail by the British courts.

The letter is also signed by Ahsan's brother, Hamja. "There's been much promise of extradition reform from politicians of all stripes, but little change," it states. "As Talha's ordeal shows, removal can still be ordered without a basic case being made in a UK court – even where the alleged activity took place.

"Worse still, the government now seeks to dilute existing protections; slipping a clause into the anti-social behaviour, crime and policing bill which would scrap the automatic right of appeal altogether.

"Talha ... has already been sent halfway across the world, separated from his loved ones, imprisoned pre-trial and forced to navigate a completely alien legal landscape. This is punishment in itself, irrespective of the end result."

The government's bill slightly relaxes the tight deadlines for lodging an appeal against extradition. In return, however, it removes the automatic right of appeal against removal. In future the high court will have discretion to decide whether an appeal should be heard.

"People like Gary McKinnon [the computer hacker whose extradition to the US was eventually blocked] would not have been given leave to appeal," a Liberty spokesperson added.

"The Home Office is giving with one hand but taking with the other. Removing the automatic right of appeal undermines all the other safeguards.

"Potentially, a very strict test for granting permission could be developed, which could have the effect of depriving the majority of individuals of the chance to challenge the initial decision to extradite them."

A Home Office spokesperson said: "The proposed filter is aimed at stopping individuals using appeals to delay and frustrate the extradition process while still allowing those with a genuine case to be heard.

"Our reforms will make the UK's extradition arrangements more open and transparent and provide greater safeguards for individuals. It is in the overwhelming public interest that our extradition arrangements function properly, are effective and efficient."