Abu Qatada case: UK agrees assistance treaty with Jordan

 

Home Secretary Theresa May warned that the legal process "may well still take many months"

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The government has signed a mutual assistance treaty with Jordan to ensure that radical cleric Abu Qatada can be deported, Theresa May has told MPs.

The home secretary said the treaty had guarantees on fair trials within it.

The government is doing "everything it can" to deport Abu Qatada, she said.

The move comes after she failed to get the case referred to the Supreme Court to reverse a ruling that the radical cleric could face an unfair trial if sent to Jordan to face terror charges.

Mrs May is to apply directly to the Supreme Court for permission to challenge that ruling.

The treaty would come into play should the Supreme Court reject the government's request.

The withdrawal of the UK from the European Convention on Human Rights is another option being explored by the prime minister, said Mrs May, who added that it was "sensible" to have "all options on the table".

But cabinet minister and former home secretary Ken Clarke dismissed that idea, saying it is "not the policy of this government".

'Every chance'

Giving a statement to the Commons, Mrs May said the treaty would have to be ratified by the UK and Jordan.

She said she believed it would satisfy concerns that Abu Qatada would not receive a fair trial there, and there was now "every chance" of deporting the cleric.

Is this treaty the real deal?

The UK originally signed a "memorandum of understanding" with Jordan in 2005 in an effort to deport Abu Qatada.

That talked about fair trials for deportees - but it did not define what fairness meant - or refer specifically to how those trials would be conducted.

Its harshest critics said it was a grubby attempt by the UK to duck its international commitment to oppose torture.

This new treaty clearly states that torture-tainted evidence cannot be used in court against someone who is deported.

These are strong words - but the question now is whether these words can be made real. Judges here and at the European Court of Human Rights have laid down a very stringent test.

It is going to be for the government to show that test has been met.

However, Mrs May added that even once the agreement was fully ratified, Abu Qatada would still be able to launch a legal appeal. This could mean it may still be months before he is deported.

Mrs May told the Commons: "I believe these guarantees will provide the courts with the assurance that Qatada will not face evidence that might have been obtained by torture, in a retrial in Jordan."

Shadow home secretary Yvette Cooper said she was willing to work with the government towards Abu Qatada's deportation, but accused Mrs May in the past of "overstating her legal strategy, which has not worked".

On the possibility of the UK temporarily withdrawing from the European Convention on Human Rights, Mrs May said it was her view that the UK needed to "fix that relationship".

BBC political correspondent Vicki Young said any suspension of the UK's membership of the ECHR is almost unprecedented and the Lib Dems are insisting they would block it.

She said: "We're told that the failure to deport Abu Qatada makes David Cameron's blood boil and he's ordered ministers to find a solution.

"The best case scenario for the government is that the Supreme Court agrees to hear the case and rules that Qatada can be deported, but few think that likely."

Mr Clarke, a former home secretary, told BBC Radio 4's World at One programme: "If I was asked my advice on that by any of my colleagues I would say I don't think that's got the faintest thing to do with the case with Abu Qatada.

"It is not the policy of this government to withdraw either for any short period or any lengthy period from the European Convention on Human Rights."

'Denial of justice'

The Special Immigration Appeals Commission (Siac), which adjudicates on national security-related deportations, ruled last year that Abu Qatada should not be removed from the UK because his retrial could be tainted by evidence obtained by torturing the cleric's former co-defendants.

Mrs May had argued she had obtained fresh assurances that would guarantee the fair treatment of the preacher on his return to Amman.

But the Court of Appeal upheld Siac's decision last month, saying the lower court had not misinterpreted nor misapplied the law.

Yvette Cooper: Theresa May has "overstated her legal strategy"

Government lawyers had stressed that Jordan had banned torture and the use in trial of statements extracted under duress.

But the Court of Appeal judges said Siac had been entitled to think there was a risk the "impugned statements" would be used in evidence during a retrial and there was "a real risk of a flagrant denial of justice".

The Supreme Court can reconsider Court of Appeal decisions if the justices are convinced there is a "point of law of general public importance".

On 17 April 2012, the home secretary told the Commons that, following fresh assurances from Jordan that he would get a fair trial, "we can soon put Qatada on a plane and get him out of our country for good".

Bids for freedom before the European Court of Human Rights and the High Court followed before Abu Qatada's successful appeal to Siac in November.

Abu Qatada was re-arrested and returned to Belmarsh prison in March, following an alleged breach of bail conditions, concerning the use of communications equipment at his home.

Who is Abu Qatada? Abu Qatada was born in Bethlehem in 1960 and spent his early life in Jordan. He fled to Pakistan in 1989 claiming political persecution and eventually arrived in the UK in 1993. Abu Qatada was part of a wave of Islamists who sought refuge in the UK during the 1980s and 90s, often exiled from the Arab regimes they were trying to overthrow.
Algerian Islamists pray, 1992 Abu Qatada emerged as a key voice in the Islamist movement in London, which advocated strict Islamic government in Muslim countries and armed struggle against despots and foreign invaders. His preachings and ideas won him influence among Islamist groups in Algeria and Egypt during the 1990s. He was tried and found guilty in his absence of terrorism offences in Jordan in 1999.
Ruins of the World Trade Center By 2001 fears were growing about Abu Qatada's hard-line views. He endorsed suicide attacks in a BBC interview and was questioned in connection with a German terror cell. Copies of his sermons were found in the Hamburg flat used by some of the 9/11 attackers and Spanish judge Balthazar Garzon described him as the "spiritual head of the mujahideen in Britain". In December 2001, Abu Qatada disappeared and became one of the UK's most wanted men.
Abu Qatada in 2005 In October 2002 Abu Qatada was arrested and detained without charge. He was released in 2005 and put under strict house arrest, but months later was arrested under immigration rules and moves began to deport him to Jordan to face retrial on the charges he had been convicted of six years earlier. In 2007 he lost his immigration case, but the Court of Appeal later ruled that deportation to a regime which uses torture - ie Jordan - would breach his human rights.
BBC The Court of Appeal ruling was overturned by the Law Lords in early 2009, and the then Home Secretary, Jacqui Smith (L), signed a deportation order. Abu Qatada then appealed to the European Court, which eventually ruled that he could not be deported while the risk of torture remained. In 2012 Home Secretary Theresa May (R) pressed ahead with deportation, but this was blocked amid a row over the appeal deadline.
Abu Qatada In November 2012 Abu Qatada was released from prison once more after a UK court backed his appeal on the grounds that witness evidence obtained by torture could be used against him at trial in Jordan. That was a disastrous blow to the Home Office because it meant the only way the deportation could happen would be if Jordan changed its system to ensure torture-tainted evidence could not be used.
Abu Qatada Abu Qatada was then returned to prison on 9 March 2013 after an alleged breach of his bail conditions - but this deportation was still blocked. Weeks later, Home Secretary Theresa May announced a new UK-Jordan treaty to improve co-operation in criminal investigations. That treaty included a guarantee of a fair trial free of torture-tainted evidence for anyone sent back to Jordan. Abu Qatada's lawyers announced he would now return to Jordan.
 

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  • rate this
    0

    Comment number 1077.

    I suggest we put AQ in a Scottish jail...
    Then when they vote for Indepenence they can give him away to Jordan like they did with the Lockerbie Bomber to Libya.

    We are the laughing stock of the World.

  • rate this
    -2

    Comment number 1076.

    I'm sure Prime Minister Maggie Thatcher would not have put up with all this!
    She would have said "get him on a plane and get rid of this fanatic!!
    At least she had a backbone!
    Unlike the last Government - Yvette Cooper keeps criticising the actions of Theresa May.
    She obviously forgets that David Blunkett tried to get rid of him!!!

  • rate this
    -2

    Comment number 1075.

    I just wish we were like America and could ship all these folk off to Guantanamo Bay without trial.

  • Comment number 1074.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • Comment number 1073.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    +1

    Comment number 1072.

    Can't imagine this will be headline news when the treaty is broken and this man is tortured and/or killed in Jordan. The outcry then will be just as silent as the number of down votes in the comments here on any post that has the audacity to mention human rights.

  • rate this
    +2

    Comment number 1071.

    We should have let him have his free speech and supported his human rights, that would have made his preaching against us look rediculous, while we took the moral high ground.

    Instead we have drawn massive attention to him and his beliefs. We let him bully us, and are now talking about tearing down the foundations of our justice system just to get rid of him. We are left looking like fools.

  • Comment number 1070.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    -1

    Comment number 1069.

    people talk about his human rights, but what about the human rights of >60 million people in this country, surely we have the right not to have an individual in this country who not only radically preaches hatred against the values we stand for, but is also potentially plotting acts of terrorism against us. Get him out, I'll pay for his flight

  • rate this
    +4

    Comment number 1068.

    Why has deporting Abu Qatada become the single most important decision for Teresa May? why not release him and let him have full internet access - if he commits a crime (his phone/web access will be monitored off course), arrest, try and jail him.

    Attempting to circumvent the law after losing every legal battle is just not on

  • Comment number 1067.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    +1

    Comment number 1066.

    1062.Zidane
    He preached extremist material and broke his bail conditions, He broke the law by using a false passport to claim asylum, he was found with 170k cash. Lots of innocent people have 170k in cash. Although I agree he should be tried in the uk first.

  • rate this
    +2

    Comment number 1065.

    259:"...they would get the backing of 90% of the voting public.Let the judges wring their hands on this one- they are letting us down and putting everyone in danger - thats not justice!"

    No, this is precisely what justice is. The rule of law rather than the mob. We may not like this accurate decision, but break it, and what stops any future govt breaking the law for less popular reasons?

  • rate this
    +1

    Comment number 1064.

    @1055.paulthebadger

    The USA practise torture in the form of waterboarding to extract confessions and we together with the EU extradite people there

    Actually we dont extradite to the US in cases where our courts have reason to believe torture/inhumane treatment might be used or where the death penalty is a possible punishment for the offence

  • rate this
    -1

    Comment number 1063.

    @1031.Tanglewood
    #1014: "What crime has he committed in the UK?"
    His use of a forged passport when entering the county should be more than enough to justify and ensure immediate deportation

    The courts in 1994 decided his entry to the country on a false passport was justified to evade capture & torture by the Jordanian authorities & granted him the right to remain effectively legalising his entry

  • rate this
    +2

    Comment number 1062.

    I say put him on trial here in the UK our justice system is the best in world. If he committed a crime we have the right to deport after conviction. The man may have send a few things which may have been offensive. But the Govt is on Vendetta to get him out, this is a lynch mob. In this country we follow the rule of law thats why our police is highly regarded around the world. Try him here.

  • rate this
    0

    Comment number 1061.

    Easy to solve. Cancel all legal aid, cancel all benefits, deport to the British Embassy in Jordan to stand trial on British soil overlooked by a British court of law under Jordanian jurisdiction. If found guilty and the British overseers agree that the law was followed he is kicked out of the British Embassy. If innocent, he can live in the embassy.

  • rate this
    -1

    Comment number 1060.

    Well this is a nice little circus for the minority who voted for our last few governments.

  • rate this
    +2

    Comment number 1059.

    This country preaches to the rest of the world about the importance of the law, the right of free speech and the importance of keeping politics out of the legal process.

    Throughout this case the Home Secretary seems to have forgotten all of the above. She is pandering to the knee jerking demands of her own party.

    Please stop and think - your actions are a recruiting tool for those you oppose.

  • rate this
    +2

    Comment number 1058.

    Well, people make law but law is really designed to keep us in check.
    If he was an EU/British citizen, his extradition would be out of question (maybe not to America..).
    Why was he allowed in? UKBA failure? Another asylum seeker that turned on us? I think questions need to be asked about that. Law is still the law here.

 

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