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Qatada in jail over bail breach Judges send Qatada back to jail
(41 minutes later)
A radical preacher, who has been dubbed Osama bin Laden's right-hand man in Europe, has been returned to jail for breaching his bail conditions. A radical preacher, who has been dubbed Osama bin Laden's right-hand man in Europe, has been returned to jail after judges agreed he might abscond.
Abu Qatada was arrested at his home in London in November amid fears he planned to flee to the Middle East. Abu Qatada had been held on a 22-hour home curfew, after winning the latest stage of a battle against deportation.
The cleric had been held on a 22-hour home curfew, after winning the latest stage of a battle against deportation. Judges have agreed with ministers that he might flee - even though there is no evidence of such a plan at present.
The UK wants to send him back to Jordan - but he says his conviction there for terrorism offences was unfair. The cleric was arrested at his home in London in November. The UK wants to return him to Jordan.
A panel of judges at the Special Immigration Appeals Commission, which acts as the UK's national security tribunal, heard last month that the 47-year-old Jordanian-Palestinian had plotted to leave the UK. Mr Qatada says his conviction there for terrorism offences was unfair.
One of the alleged breaches related to a message on an extremist website which was said to call on an influential Islamist preacher to join radical Islamist groups overseas. A panel of judges at the Special Immigration Appeals Commission, which acts as the UK's national security tribunal, heard last month that the 47-year-old Jordanian-Palestinian could be plotting to leave the UK.
One allegation related to a message on an extremist website which was said to call on an unnamed but influential Islamist preacher to join radical Islamist groups overseas.
MI5 intelligenceMI5 intelligence
The Home Office alleged that Mr Qatada had also recorded a video sermon in his home, in breach of a key element of his bail conditions.The Home Office alleged that Mr Qatada had also recorded a video sermon in his home, in breach of a key element of his bail conditions.
Mr Qatada denied these allegations, saying he had no idea about the online messages because he was banned from using the internet. His counsel said the sermon was in fact a home video in which he could be seen telling his children about a Muslim festival. Mr Qatada denied these allegations, saying he had no idea about the online messages, while the sermon was in fact a home video in which he could be seen telling his children about a Muslim festival.
Other allegation, based on MI5 intelligence, were heard by the judges in secret and not put to Mr Qatada or released to the public. Other allegations, based on MI5 intelligence, were heard by the judges in secret and not put to Mr Qatada or released to the public.
Mr Qatada's bail conditions, set in the summer, included wearing an electronic tag, a ban on attending any mosque or leading prayers. He has permission to leave his home twice a day for an hour each time. The tribunal said the open allegations were not enough to deny the preacher bail - and that the Home Secretary accepted he had not yet breached his tough bail conditions.
He has been banned from using the internet, mobile phones and from meeting a long list of named people, including Osama bin Laden. The judges noted Mr Qatada and his legal team were looking in good faith for a neutral third country that was willing to take him - but added that was not a realistic prospect.
But revoking his bail, they ruled that material shown to them indicated a significant risk of absconding because of changes in circumstances and therefore they ruled that he should be returned to prison.
This is an unusual ruling for an immigration court and is similar to the position in criminal cases where an alleged serious offender is placed on remand before a trial.
Legal battleLegal battle
Immigration rules allow someone to be held in prison so long as the deportation is likely to ultimately happen. Immigration rules allow someone to be held in prison only as long as a deportation is likely to ultimately take place.
But Mr Qatada was bailed in the summer after judges ruled he could not be returned to Jordan because his conviction there may have relied upon evidence obtained by torture. Ministers are challenging that decision. But Mr Qatada was bailed in June after the Court of Appeal ruled he could not be sent to Jordan because his conviction there may have relied upon evidence obtained by torture. Ministers have now taken the case to the Law Lords.
The bail conditions, set in the summer, included wearing an electronic tag, a ban on attending any mosque or leading prayers. He has permission to leave his home twice a day for an hour each time.
He has been banned from using the internet, mobile phones and from meeting a long list of named people, including Osama bin Laden.
Home Secretary Jacqui Smith said: "I'm pleased the court has agreed that Qatada should have his bail revoked.Home Secretary Jacqui Smith said: "I'm pleased the court has agreed that Qatada should have his bail revoked.
"He poses a significant threat to our national security and I am pleased that he will be detained pending his deportation, which I'm working hard to secure.""He poses a significant threat to our national security and I am pleased that he will be detained pending his deportation, which I'm working hard to secure."