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UK terror suspects win key ruling UK terror suspects win key ruling
(40 minutes later)
Two Libyans terror suspects have won an appeal against deportation from the UK. Two Libyans terror suspects have won an appeal against deportation from the UK in a major defeat for the government.
The men, known only as DD and AS, argued they should not be deported to their home country because they could be jailed and tortured. The men, known only as DD and AS, argued they could be jailed and tortured if sent home, despite a special deal between the countries.
The government rejected their case, saying it had signed a special memorandum of understanding with Libya to protect deportees from mistreatment.
But in the first test of the case, the Special Immigration Appeals Commission said the men could not be sent back.But in the first test of the case, the Special Immigration Appeals Commission said the men could not be sent back.
The Home Office said it was "very disappointed" by the defeat and would immediately appeal the ruling.
Under international human rights law, the UK does not deport people to regimes where they may face persecution or torture.Under international human rights law, the UK does not deport people to regimes where they may face persecution or torture.
But in October 2005, the government signed an historic deal with Libya, under which Colonel Gaddafi's government pledged not to mistreat anyone deported to Tripoli from the UK.But in October 2005, the government signed an historic deal with Libya, under which Colonel Gaddafi's government pledged not to mistreat anyone deported to Tripoli from the UK.
These individuals have been found to represent a real risk to the national security of this country Home Office spokesman UK signs Libya deportation deal
Similar memorandums of understanding (MOU) have been signed with Jordan and Lebanon. A different diplomatic agreement is in place with Algeria covering the treatment of returnees.Similar memorandums of understanding (MOU) have been signed with Jordan and Lebanon. A different diplomatic agreement is in place with Algeria covering the treatment of returnees.
But in his ruling, Mr Justice Ouseley, chairman of the Special Immigration Appeals Commission, the body that deals with deportation of terror suspects, said that in the case of the Libyan men there remained a real risk of mistreatment. But Mr Justice Ouseley, chairman of the Special Immigration Appeals Commission, the body that deals with deportation of terror suspects, said that the Libyan men faced a real risk of mistreatment.
The European Convention on Human Rights could be breached if the two men were removed to Libya, he said, although he indicated it was not a "probable risk".The European Convention on Human Rights could be breached if the two men were removed to Libya, he said, although he indicated it was not a "probable risk".
"There is also real risk that the trial of the appellants would amount to a complete denial of a fair trial," he added. "There is also real risk that the trial of the appellants would amount to a complete denial of a fair trial," he added. FOREIGN SUSPECTS FACING DEPORTATION 23 listed Four have lost appealsThree withdrawn appealsTwo won appeals14 awaiting hearings or decisions
In a statement, a Home Office spokesperson said they were "very disappointed" with the Siac ruling, given it had previously ruled in favour of the returns.
"We believe that the assurances given to us by the Libyans do provide effective safeguards for the proper treatment of individuals being returned and do ensure that their rights will be respected.
"We intend therefore to appeal to the Court of Appeal to seek to overturn this decision.
"These individuals have been found by SIAC to represent a real risk to the national security of this country.
"We firmly believe that our policy of seeking assurances from other countries in respect of those considered to pose a threat to national security strikes the right balance between safeguarding their rights and enabling us to protect the British public."
Controversial dealsControversial deals
The MOUs signed with Libya, Jordan and Lebanon are a key plank of the government's strategy to deport terrorism suspects it says it cannot put on trial in the UK.The MOUs signed with Libya, Jordan and Lebanon are a key plank of the government's strategy to deport terrorism suspects it says it cannot put on trial in the UK.
The government should abandon this policy of trying to find a way around the international ban on torture Kate Allen, Amnesty International UK signs Libya deportation deal
After signing the deal with Tripoli, the government said it believed the assurances given would enable the British courts to legally deport foreign terror suspects without breaching the UK's international obligations.
The prime minister's official spokesman said the MOU with Libya was "more specific in terms of an individual's rights" than international human rights law.
The government had also been seeking to put in place independent monitoring of the welfare of any returnees to ensure Libya lived up to the deal.The government had also been seeking to put in place independent monitoring of the welfare of any returnees to ensure Libya lived up to the deal.
But in a statement, solicitors for DD and AS said: "It was common ground between the government and [our clients] that political opponents of the Gaddafi regime are reasonably likely to be tortured or otherwise ill-treated if returned to Libya."But in a statement, solicitors for DD and AS said: "It was common ground between the government and [our clients] that political opponents of the Gaddafi regime are reasonably likely to be tortured or otherwise ill-treated if returned to Libya."
Deportation queue Kate Allen OF Amnesty International said: "Today's judgment underlines the principle that no one should be returned to a country where they may face torture. Memorandums of Understanding (MOUs) offer no protection from torture and are not worth the paper they're written on.
As of February this year, there were 23 foreign nationals awaiting deportation on national security grounds. "If people are suspected of committing a crime, they should be charged and put on trial."
Three unnamed Algerians and one Jordanian have lost appeals against deportation. The ruling in the case of Jordanian radical cleric Abu Qatada was a key victory for the Home Office.
A further three Algerians had withdrawn their appeals to the Special Immigration Appeals Commission, but were still waiting deportation.
Sixteen other terrorism suspects were awaiting hearings or decisions - two of them being the Libyan men who won their case on Friday.