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| Version 1 | Version 2 |
|---|---|
| Law Lords back Qatada deportation | Law Lords back Qatada deportation |
| (40 minutes later) | |
| The Law Lords have given the go-ahead for the deportation from the UK of the radical cleric Abu Qatada. | The Law Lords have given the go-ahead for the deportation from the UK of the radical cleric Abu Qatada. |
| Five Lords unanimously threw out his appeal against returning to Jordan, where he faces jail for terrorism. | Five Lords unanimously threw out his appeal against returning to Jordan, where he faces jail for terrorism. |
| Qatada had alleged that his conviction in Jordan was based on evidence extracted by torture. | Qatada had alleged that his conviction in Jordan was based on evidence extracted by torture. |
| The 48-year-old cleric is one of Europe's most influential extremists and is currently in Belmarsh high security prison. | The 48-year-old cleric is one of Europe's most influential extremists and is currently in Belmarsh high security prison. |
| This key decision by the Law Lords means Home Secretary Jacqui Smith can begin deportation proceedings - but in practice his final removal may wait until after the European Court of Human Rights hears his case. | This key decision by the Law Lords means Home Secretary Jacqui Smith can begin deportation proceedings - but in practice his final removal may wait until after the European Court of Human Rights hears his case. |
| The five Lords also unanimously supported the deportation of two Algerian terrorism suspects whose cases covered similar grounds. | The five Lords also unanimously supported the deportation of two Algerian terrorism suspects whose cases covered similar grounds. |
| Influential preacher | Influential preacher |
| Last year the Court of Appeal blocked Qatada's removal after accepting his argument that he had not faced a fair trial in his absence. | Last year the Court of Appeal blocked Qatada's removal after accepting his argument that he had not faced a fair trial in his absence. |
| [Evidence of torture in another country] ... does not require this state, the United Kingdom, to retain in this country, to the detriment of national security, a terrorist suspect Lord Phillips | |
| He was released on bail - but then re-arrested and returned to prison because security officials said they had intelligence that he was considering fleeing the UK. | He was released on bail - but then re-arrested and returned to prison because security officials said they had intelligence that he was considering fleeing the UK. |
| Abu Qatada was first arrested in the wake of the 9/11 attacks amid allegations that he was one of the most influential Islamist preachers in Europe, playing a critical ideological role. One judge described him as Osama bin Laden's right-hand man in Europe. | Abu Qatada was first arrested in the wake of the 9/11 attacks amid allegations that he was one of the most influential Islamist preachers in Europe, playing a critical ideological role. One judge described him as Osama bin Laden's right-hand man in Europe. |
| His convictions in Jordan relate to an alleged conspiracy to bomb hotels in the capital Amman along with allegedly providing finance and advice for other plots. | His convictions in Jordan relate to an alleged conspiracy to bomb hotels in the capital Amman along with allegedly providing finance and advice for other plots. |
| 'Dangerous individual' | 'Dangerous individual' |
| The two Algerian men, who also lost their cases, had alleged that they faced torture if returned to their home country. They have been held in jail pending deportation because the Home Office said they posed a serious threat to national security. | The two Algerian men, who also lost their cases, had alleged that they faced torture if returned to their home country. They have been held in jail pending deportation because the Home Office said they posed a serious threat to national security. |
| Home Secretary Jacqui Smith said: "I'm delighted with the Lords' decision today in the cases of Abu Qatada and the two Algerians 'RB and U'. It highlights the threat these individuals pose to our nation's security and vindicates our efforts to remove them. | Home Secretary Jacqui Smith said: "I'm delighted with the Lords' decision today in the cases of Abu Qatada and the two Algerians 'RB and U'. It highlights the threat these individuals pose to our nation's security and vindicates our efforts to remove them. |
| "My top priority is to protect public safety and ensure national security and I have signed Abu Qatada's deportation order which will be served on him today. I am keen to deport this dangerous individual as soon as I can." | "My top priority is to protect public safety and ensure national security and I have signed Abu Qatada's deportation order which will be served on him today. I am keen to deport this dangerous individual as soon as I can." |
| The UK has signed a string of agreements with Middle Eastern and African countries designed to guarantee fair treatment of anyone deported from the UK on grounds of national security. But critics have described these deals legally worthless. | The UK has signed a string of agreements with Middle Eastern and African countries designed to guarantee fair treatment of anyone deported from the UK on grounds of national security. But critics have described these deals legally worthless. |
| Torture ruling | |
| Lord Phillips of Worth Matravers, sitting with Lords Hoffmann, Hope, Brown and Mance, said that while evidence used against Qatada may have been extracted by torturing another suspect, the issue for the British courts was whether the cleric could get a fair trial in Jordan, irrespective of how the evidence had been obtained. | |
| Lord Phillips said: "The prohibition on receiving evidence obtained by torture is not primarily because such evidence is unreliable or because the reception of the evidence will make the trial unfair. Rather it is because 'the state must stand firm against the conduct that has produced the evidence'. | |
| "That principle applies to the state in which an attempt is made to adduce such evidence. It does not require this state, the United Kingdom, to retain in this country, to the detriment of national security, a terrorist suspect. What is relevant is the degree of risk that Mr Othman [Abu Qatada] will suffer a flagrant denial of justice if he is deported to Jordan." | |
| In the case of the other men, the lords said, the Algerian Ministry of Justice has provided the UK with a written guarantee of fair treatment and trial, including a pledge to respect their "human dignity .. under all circumstances". |