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Judges send Qatada back to jail Judges send Qatada back to jail
(about 1 hour later)
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.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 had been held on a 22-hour home curfew, after winning the latest stage of a battle against deportation.Abu Qatada 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.Judges have agreed with ministers that he might flee - even though there is no evidence of such a plan at present.
The cleric was arrested at his home in London in November. The UK wants to return him to Jordan.The cleric was arrested at his home in London in November. The UK wants to return him to Jordan.
Mr Qatada says his conviction there for terrorism offences was unfair.Mr Qatada says his conviction there for terrorism offences was unfair.
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.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. One allegation related to an al-Qaeda message on an extremist website which was said to call on unnamed but influential preachers to join Islamist fighters in battle 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.
QATADA'S LEGAL BATTLES 1993: Arrived in UK2001: Went to ground2002: DetainedMarch 2005: Bailed after major legal challengeServed with control order next dayAug 2005: Detained in fresh deportation attemptApril 2008: Wins at Court of AppealJune 2008: BailedNovember 2008: Detained again
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.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 allegations, 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.
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.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.
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.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. "The secretary of state does not rely on any allegation of breach," said Mr Justice Mitting, chair of the commission.
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. "Her contention is that the commission should form the opinion that it is likely that he will break his bail conditions by absconding."
Revoking his bail, the panel agreed that material shown to them indicated a significant risk that Mr Qatada would flee because of changes in circumstances.
Legal battleLegal battle
Immigration rules allow someone to be held in prison only as long as a deportation is likely to ultimately take place. Immigration rules allow a foreign national to be held in jail only as long as a deportation is likely to take place.
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. Mr Qatada was bailed in June after the Court of Appeal ruled he could not be sent to Jordan.
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. Judges said his conviction there may have relied upon evidence obtained by torture. Ministers have appealed that decision to the Law Lords - and the case could end up in Europe.
He has been banned from using the internet, mobile phones and from meeting a long list of named people, including Osama bin Laden. Siac's decision to revoke bail is unusual and similar to the position in criminal courts. In those cases, a defendant on a very serious charge is almost always remanded, no matter how far away their trial may be.
The cleric's bail conditions had included wearing an electronic tag, a ban on attending any mosque or leading prayers. He had permission to leave his home twice a day, for an hour each time.
He was forbidden from using the internet, mobile phones and from meeting a long list of 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."