Sudanese paedophile sues Britain because his parole hearing was DELAYED and his human rights were ‘breached’… and he’s already cost the taxpayer £125,000
A Sudanese paedophile jailed for four years for raping and sexually abusing teenage girls is suing Justice Secretary Chris Grayling after his parole hearing was delayed.
Adil Aboulkadir, 38, was one of five refugees from Darfu who attacked girls aged 14 and 13 – before costing UK taxpayers £125,000 in legally-aided lawyer and interpreter fees during their trial.
Aboulkadir, then of Dartford, Kent, was handed an open-ended jail term – with at least four years behind bars – after he was convicted of rape and three counts of sexual activity with a child at Maidstone Crown Court in May, 2008.
He has now convinced a judge at London’s High Court that his human rights were ‘arguably’ violated by the Parole Board’s failure to consider his release as soon as his minimum prison term expired.
Offenders deemed ‘dangerous’ when they are handed indefinite jail terms, such as Aboulkadir, can only be released after their minimum term has lapsed and the Parole Board is convinced they no longer pose a threat to the public.
In a legally aided judicial review challenge, Aboulkadir’s barrister, Nathaniel Wade, is now arguing that it ‘cannot be right’ that he spent 16 months in jail after his four-year tariff ended in May, 2012, without a review of his prospects for release.
He said: ‘The Parole Board failed to schedule a hearing due to a combination of inaction, slowness in action, failure to schedule sufficient time for the hearing and failure to obtain such reports as were deemed necessary.’
The barrister said the Justice Secretary Chris Grayling’s office referred the case to the Parole Board in August, 2011, but that the first hearing into his potential release was not listed until December, 2012.
That hearing was deferred as no interpreter was arranged to translate for Aboulkadir and, after further postponements, his hearing did not take place until September, 2013, Mr Wade added.
He said the 16-month delay breached Aboulkadir’s right to a speedy decision on the lawfulness of his continued detention, as enshrined under article 5.4 of the European Convention on Human Rights.
He added that Aboulkadir is now seeking a ‘declaration to that effect’ as well as damages, as ‘just satisfaction for his frustration and anxiety as a result of that breach’.
Mr Wade said that the Secretary of State for Justice, Chris Grayling, is ‘factually and legally responsible for the readiness of the Parole Board’ and that Aboulkadir’s claim was against both.
Julian Blake, appearing for Mr Grayling, insisted Aboulkadir’s challenge had been launched too late and was in any event now ‘academic’ as he was cleared for release by the Parole Board in September last year.
Aboulkadir has, nonetheless, since been detained in an immigration centre while he fights a bid by the Home Secretary, Theresa May, to deport him to Sudan now his jail term is over, the barrister explained.
The convict, previously of Dartford, is also seeking a referral by the Criminal Cases Review Commission to the Criminal Appeal Court, in a bid to challenge the safety of his convictions.
In any event, Mr Blake argued that, while there was undoubtedly a delay in his parole hearing, this was a ‘case management’ issue and did not amount to a breach of Aboulkadir’s human rights.
Judge Charles George QC nevertheless ruled that the claim was neither too late nor academic, and granted permission for a full judicial review hearing. He concluded: ‘I certainly cannot say that the claim under article 5.4 is unarguable.’ The full hearing will take place at the High Court at an as yet unspecified date.
May 2008
Five jailed over sex with children
FIVE Sudanese refugees have been jailed for a total of 20 years after committing a series of sexual offences against teenage girls in north Kent.
The men, all from Darfur in Sudan, were sentenced at Maidstone Crown Court last Thursday.
All five were found guilty at the end of a five-week trial in February this year and remanded in custody to await sentencing.
Judge Martin Joy told them: “You came to this country to seek political asylum. No doubt, you came to this country because you regarded it as a safe country. However, by your conduct, this country becomes less safe.”
He also told the court how the cost for providing each of the men with an interpreter came to a minimum of £25,000.
Jumaa Saleh, 19, of Lowfield Street, Dartford, Mohamud Jimale, 20, of Rochester Road, Gravesend, Diwt Kfle Akal, 18, of Edwin Street, Gravesend, and Mahder Zeregergis, 19, of Crayford Road, Crayford, were each convicted of two charges of sexual activity with a child. Each was jailed for four years.
Adil Aboulkadir, 33, of Lowfield Street, Dartford, was convicted of one charge of rape and three of sexual activity with a child. He was given an indeterminate sentence for public protection, with a minimum of four years’ imprisonment.
All five accused denied the charges, which related to a series of incidents last year involving girls aged between 13 and 14.
