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Preacher Abu Qatada wins appeal Preacher Abu Qatada wins appeal
(about 1 hour later)
Islamic preacher Abu Qatada has won an appeal against deportation from the UK which could lead to him being freed.Islamic preacher Abu Qatada has won an appeal against deportation from the UK which could lead to him being freed.
Qatada - in prison pending deportation to Jordan - has been dubbed "Osama bin Laden's right-hand man in Europe".Qatada - in prison pending deportation to Jordan - has been dubbed "Osama bin Laden's right-hand man in Europe".
The Home Office says it will challenge the ruling, and in the meantime he will remain in prison.The Home Office says it will challenge the ruling, and in the meantime he will remain in prison.
The Court of Appeal said it was concerned that evidence alleged to be obtained under torture may form part of a future trial in Jordan. The Court of Appeal said it was concerned that evidence allegedly obtained under torture may form part of a future trial in Jordan.
The Jordanian national has been fighting extradition to his home country where he has been convicted for terror attacks.The Jordanian national has been fighting extradition to his home country where he has been convicted for terror attacks.
I believe that we will be able to secure his deportation to Jordan and we will push for it as soon as possible Tony McNultyHome Office ministerI believe that we will be able to secure his deportation to Jordan and we will push for it as soon as possible Tony McNultyHome Office minister
The appeal panel said the Special Immigration Appeals Commission (SIAC) had misdirected itself in law over the issue of any evidence obtained by torture.The appeal panel said the Special Immigration Appeals Commission (SIAC) had misdirected itself in law over the issue of any evidence obtained by torture.
Responding to the decision, Home Office minister Tony McNulty said he believed the deportation would still go ahead.Responding to the decision, Home Office minister Tony McNulty said he believed the deportation would still go ahead.
"I am pleased that the courts dismissed all but one of Abu Qatada's reasons for appeal," he said."I am pleased that the courts dismissed all but one of Abu Qatada's reasons for appeal," he said.
"We are seeking to overturn that point, and I believe that we will be able to secure his deportation to Jordan and we will push for it as soon as possible. In the meantime, he remains behind bars.""We are seeking to overturn that point, and I believe that we will be able to secure his deportation to Jordan and we will push for it as soon as possible. In the meantime, he remains behind bars."
Jordan is one of a number of countries with which the UK has signed a memorandum of understanding which ministers say will ensure that any deported terrorism suspects will not face torture or ill-treatment on return.Jordan is one of a number of countries with which the UK has signed a memorandum of understanding which ministers say will ensure that any deported terrorism suspects will not face torture or ill-treatment on return.
MEMORANDA OF UNDERSTANDING The UK signed memoranda with Jordan, Libya and Lebanon in 2005Their purpose is to facilitate deportation of terror suspects between countriesThe Foreign Office says they act as assurances from those countries that suspects sent back will not be tortured MEMORANDA OF UNDERSTANDING The UK signed memoranda with Jordan, Libya and Lebanon in 2005Their purpose is to facilitate deportation of terror suspects between countriesThe Foreign Office says they act as assurances from those countries that suspects sent back will not be torturedCritics say the agreements are neither binding nor offer suspects any protection
Shadow Home Secretary David Davis criticised the government's approach, saying it should concentrate on prevention and prosecution instead of trying to deport individuals once in the UK.Shadow Home Secretary David Davis criticised the government's approach, saying it should concentrate on prevention and prosecution instead of trying to deport individuals once in the UK.
He said: "They should answer our calls to establish a dedicated UK border police to secure our borders and prevent foreign terror suspects from entering the country in the first place."He said: "They should answer our calls to establish a dedicated UK border police to secure our borders and prevent foreign terror suspects from entering the country in the first place."
He also called for the government to allow the use of phone tap evidence in terror trials. Liberal Democrat home affairs spokesman Chris Huhne said the court was rightly concerned about the use of evidence gained under torture in Jordan, which would not be admissible in a British court.
Gareth Peirce, Qatada's solicitor, said she welcomed the court's decision but criticised the memorandum of understanding between the UK and Jordan, saying it was "unenforceable". He said Qatada should now be charged in the UK courts, or released.
"In August 2005 Tony Blair said 'the rules of the game have changed' and immediately started the process of deporting a small group of foreign nationals to their countries of origin - regimes that continue to practice torture, with the only claimed safeguard an unenforceable diplomatic assurance which carries no possible sanction or redress if breached," she said. Gareth Peirce, Qatada's solicitor, said she welcomed the court's decision but criticised the memorandum of understanding, saying it was "unenforceable" and carried "no possible sanction or redress if breached".
Human rights group Amnesty International called for Qatada to be "fairly tried - not shipped off to Jordan to be sentenced on the basis of evidence that was tortured out of someone".
Deportations scrappedDeportations scrapped
In a separate ruling on Wednesday, the three appeal judges also found in favour of two Libyan suspects, after the government appealed another decision by Siac.In a separate ruling on Wednesday, the three appeal judges also found in favour of two Libyan suspects, after the government appealed another decision by Siac.
Siac had ruled that the pair faced a risk of ill-treatment, including torture, if they were returned to Libya.Siac had ruled that the pair faced a risk of ill-treatment, including torture, if they were returned to Libya.
Qatada made a video appeal to the kidnappers of Norman Kember
As a result of the appeal court ruling, deportation proceedings against 10 other Libyan nationals have effectively been abandoned.As a result of the appeal court ruling, deportation proceedings against 10 other Libyan nationals have effectively been abandoned.
A Home Office spokesman said the government would not appeal against the judgment in this case.A Home Office spokesman said the government would not appeal against the judgment in this case.
Qatada made a video appeal to the kidnappers of Norman Kember Abu Qatada became one of the UK's most wanted men in December 2001 when he went on the run on the eve of government moves to introduce new anti-terror laws allowing suspects to be detained without charge or trial. Abu Qatada became one of the UK's most wanted men in December 2001 when he went on the run on the eve of government moves to introduce new anti-terror laws allowing suspects to be detained without charge or trial.
The 45-year-old father-of-five arrived in the UK in September 1993 on a forged United Arab Emirates passport. In October 2002 the authorities tracked him down to a council house in south London and took him to Belmarsh Prison.
He was allowed to stay in June 1994 after claiming asylum for himself and his family. He was eventually freed on bail in March 2005, but was made subject of a control order to limit his movements.
Tapes of his sermons were unearthed in a Hamburg flat used by some of those responsible for the 11 September attacks on the US.
In October 2002 the authorities tracked down Qatada, also known as Omar Mahmoud Mohammed Othman, to a council house in south London and took him to Belmarsh Prison.
He was eventually freed on bail in March 2005, but was made subject of a control order to limit his movement and contact with others.
In August that year he was taken back into custody pending extradition to Jordan.In August that year he was taken back into custody pending extradition to Jordan.