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A court has heard that an Afghan who allegedly smuggled thousands of migrants into the UK should not be extradited to Belgium due to mosquitoes in prison there. Ziarmal Khan, 25, was arrested in Britain after a judge in Belgium jailed him in his absence last year.

Khan was alleged to be part of a gang involved in organising the transport of migrants from Afghanistan into Europe. Many would then put on small boats from northern France to the UK, with some gang members suspected of transporting thousands this way, The Telegraph reports. Khan is fighting extradition, saying Belgian jail conditions would violate Article 3 of the European Convention on Human Rights (ECHR) which protects people from “inhuman or degrading treatment or punishment”.

Khan claimed he was unaware about any proceedings against him when he came to the UK.

Louise Willcox, defending Khan, said in a Belgian jail he could face conditions that included using a bucket instead of a toilet.

She said: "In addition to sanitary facilities, there is vermin, mosquito plagues, regular flooding and single glazing. Similar conditions exist in Antwerp.”

Ms Willcox also claimed he could face living in cramped conditions, saying it is not uncommon for three people to be in a cell together with limited personal space.

Laura Herbert, prosecuting, said while Khan was wanted by an Antwerp court, he might not neccesarily be held in that prison.

She said there is "no guarantee" how many people would be in a cell, adding: "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. The Article 3 breach is inhumane and degrading conditions, these are not ideal but none meet the threshold.”

The case continues.


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