An Afghan migrant who was accused of smuggling thousands of people into Britain cannot be extradited to Belgium due to the prison’s mosquitoes.
Ziarmal Khan had been alleged to be one of the people smugglers, transporting migrants from Afghanistan into Europe - including countries like France and its neighbouring nation Belgium.
In Belgium, he was handed a jail sentence in absentia before he was arrested in the UK.
The 25-year-old’s gang would then help thousands of migrants make the perilous journey across the English Channel to British shores.
Migrants aboard a small boat (Stock)
PAThe man is currently battling deportation because the sanitary conditions in the Belgian prison are not up to scratch.
Defence lawyer Louise Willocx said: “In addition to sanitary facilities, there is vermin, mosquito plagues, regular flooding and single glazing. Similar conditions exist in Antwerp.”
Additionally, she explained that three prisoners would often share a cell together, leading to cramped space, and that inmates would be forced to use a bucket in place of a toilet.
Consequently, the migrant’s defence team argued that his extradition would therefore violate the European Convention on Human Rights (ECHR) over “inhuman or degrading treatment or punishment”.
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Khan insisted that he was unaware of the Belgian court proceedings against him after he arrived in Britain.
He spent 18 months living with his partner after he had first lived with his uncle following a stint in a hotel.
He was later arrested when he landed at Stansted Airport on December 6, 2024, after he flew to Iran to visit his mother.
Prosecutor Lara Herbert argued that there was no evidence to suggest that the migrant would be sent to an Antwerp jail - despite being wanted by that specific court.
The man is currently battling deportation because the sanitary conditions in the Belgian prison are not up to scratch (Stock image)
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Additionally, she declared that there is no knowing how many people would be held in one cell.
"The facility experienced no overcrowding or ground sleepers during 2023. Not all cells have toilets that meet today’s standards but it does not say they have to use a bucket. There is some flooding and mosquito plagues in the summer," she told the court.
"The Article 3 breach is inhumane and degrading conditions, these are not ideal but none meet the threshold," she added.
The case continues.
