http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/02/27/ncleric27.xml
Muslim cleric can be deported, says court By Philip Johnston and Joshua Rozenberg Last Updated: 1:19am GMT 27/02/2007 The Home Office won a key legal victory yesterday in a five-year battle to eject a suspected al-Qa'eda terrorist leader from Britain. A court ruled that Abu Qatada, a radical Muslim cleric described as Osama bin Laden's spiritual representative in Europe, can be deported to his homeland. Abu Qatada, a London-based imam, has been fighting Government efforts to remove him to Jordan since 2002, claiming he faces torture or death. His lawyers argued that under human rights laws, Britain was unable to deport him to a country where he could be ill-treated. But the Special Immigration Appeals Commission (Siac) said assurances received from Jordan about his treatment were enough to override human rights obstacles. Mr Justice Ouseley, the chairman of Siac, said there was "no real risk of persecution" of Qatada on his return. A trial in Jordan would "not involve a complete denial of the right to a fair trial before an independent and impartial body", the court said. Siac said Qatada's presence in the UK was "not conducive to the public good". His deportation would make "the lives and well-being of those resident here safer". The ruling was greeted by ministers as a vindication of their policy of negotiating memoranda of understanding with countries to which they want to deport suspects. Agreements have been sought with countries such as Morocco and Algeria, but Jordan was seen as a test case because its judicial regime is considered to be among the more benign. John Reid, the Home Secretary, said: "It is our firm belief that these agreements strike the right balance between allowing us to deport individuals who threaten the security of this country and safeguarding the rights of these individuals on their return." However, Abu Qatada's legal team said he would appeal, and human rights campaigners denounced the decision. Shami Chakrabarti, the director of Liberty, said "paper promises" that there would be no ill-treatment were insufficient. "Dodgy little 'assurances' from regimes that practise torture convince few outside government," she said. Abu Qatada, 45, also known as Omar Mahmoud Mohammed Othman, fled Jordan in the mid-1990s and was later tried and convicted in absentia on terrorist charges. Gareth Peirce, representing Qatada, said he would face a retrial by a military court in Jordan. "Because trials of his co-accused have already taken place in Jordan, we know that the evidence was obtained by the use of torture, during 50 days of incommunicado detention. One of the primary defence witnesses has already been executed in Jordan." She said Jordan had refused to give an assurance that her client would not face trial on other offences, for which he could be sentenced to death. That amounted to a denial of justice, which was a bar to deportation, she maintained. Tim Hancock, of Amnesty International UK, said it was of "profound concern" that Siac had discounted evidence showing the risk of torture if Qatada was returned to Jordan. This included material documenting the "routine infliction of torture on 'security suspects' in Jordan". Qatada has been described in court as the most significant extremist Islamic preacher in the UK, and the Spanish called him bin Laden's ''ambassador to Europe". However, Qatada, a Palestinian, has always denied links to al-Qaeda and says he has never met its leader. Lord Carlile of Berriew, the independent reviewer of anti-terrorism legislation, said: "Britain and Jordan have a long history of working together on various international issues. Jordan will not wish to alienate the United Kingdom." Shahid Malik, Labour MP for Dewsbury and chairman of the Parliamentary Group on British Victims of Terror, said: ''No country takes lightly a memorandum of understanding that it has signed." +++ ------------------------ Yahoo! Groups Sponsor --------------------~--> Check out the new improvements in Yahoo! Groups email. http://us.click.yahoo.com/4It09A/fOaOAA/yQLSAA/TySplB/TM --------------------------------------------------------------------~-> -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. 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