El Hiblu 3 defendant fights extradition on terrorism charges in UK Court

Koni Abdul Kader, one of the three defendants known as the El Hiblu 3, appeared before a Westminster court on Monday to begin his legal fight against extradition to Malta on controversial terrorism charges.

Abdul Kader, who absconded from Malta in August 2023, was arrested in the UK on the strength of an international arrest warrant requested by Maltese authorities. He, along with Amara Kromah and Abdalla Bari, are accused of hijacking the merchant vessel El Hiblu after it had rescued over 100 migrants at sea.

Kader's UK lawyer, James Stansfield, strongly argued that the Maltese case is "politically motivated". Speaking to the court, Stansfield claimed the prosecution represented a "deliberate choice... to deter migrants from seeking refuge in Europe via Malta or Italy".

The defence also argued that approving the extradition would make the UK “complicit in the punishment of a child” for attempting to prevent mistreatment to himself and over 100 others. Stansfield stressed that there is "no evidence that anyone on board the El Hiblu was hurt or mistreated".

The terrorism charges themselves were described as “unprecedented” and raising “human rights concerns” by Netherlands-based international human rights law professor Helen Duffy, who testified in court.

Central to the defence’s argument is the terror the rescued migrants felt at the prospect of being returned to Libya, where they feared being subjected to torture and sexual assault.

Stansfield recounted Kader’s previous traumatic experiences in Libya, detailing how he had been held in a warehouse with approximately 300 migrants before the voyage. Kader allegedly heard the “cries and protestations of women being raped” on most nights. Furthermore, Kader claimed he suffered 73 burns to his legs after guards intentionally exposed him to molten plastic when he refused to perform unpaid hard labour. Kader’s stepmother and stepsisters were put on a separate dinghy before he attempted the crossing, and he has not heard from them since.

The court heard that Kader told the El Hiblu crew that the migrants "would rather die than return to Libya" and were threatening to throw themselves overboard. The defence claims that the chief officer then requested that Kader, Kromah, and Bari act as mediators to calm the situation. The chief officer allegedly later informed the three that he would have to report that the migrants had taken control of the vessel to ensure it was allowed entry into Malta.

Barrister Rosemary Davidson, representing the Maltese authorities, challenged Kader’s identity claims, stating that he was at least 22 years old when he arrived in the UK in February the previous year. Davidson asserted that Kader had lied about his age, which led to him initially being placed in a children’s home before being moved to the care of a foster family.

UK media reports also indicated that Kader had reached the UK in a lorry and used the identity of his deceased brother to claim asylum before being arrested a year later when his true identity became known.

This UK hearing follows the El Hiblu 3 losing their appeal in Malta in January to have the case thrown out on jurisdictional grounds.