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| Theresa May to challenge deportation ban following Abu Qatada arrest | Theresa May to challenge deportation ban following Abu Qatada arrest |
| (12 days later) | |
| The home secretary, Theresa May, is to make a fresh attempt on Monday to deport the radical Islamist cleric Abu Qatada by challenging a ruling by a British judge that he cannot be sent to Jordan to face trial. | The home secretary, Theresa May, is to make a fresh attempt on Monday to deport the radical Islamist cleric Abu Qatada by challenging a ruling by a British judge that he cannot be sent to Jordan to face trial. |
| The one-day appeal court hearing before Lord Dyson, the master of the rolls, and two other senior judges in London comes after Abu Qatada was rearrested on Friday and taken back to prison for allegedly breaching his strict bail conditions, which include a 16-hour curfew. Mr Justice Irwin made an interim ruling on Saturday that he should be taken back into custody after hearing "strong prima facie evidence" that he had allowed mobile phones to be switched on in his north-west London house. | The one-day appeal court hearing before Lord Dyson, the master of the rolls, and two other senior judges in London comes after Abu Qatada was rearrested on Friday and taken back to prison for allegedly breaching his strict bail conditions, which include a 16-hour curfew. Mr Justice Irwin made an interim ruling on Saturday that he should be taken back into custody after hearing "strong prima facie evidence" that he had allowed mobile phones to be switched on in his north-west London house. |
| Lawyers on behalf of the home secretary, who complained at the weekend that the European court of human rights had constantly "moved the goalposts" in deportation cases such as Qatada's, will try to convince the three appeal court judges that the decision to block his removal was legally flawed. | Lawyers on behalf of the home secretary, who complained at the weekend that the European court of human rights had constantly "moved the goalposts" in deportation cases such as Qatada's, will try to convince the three appeal court judges that the decision to block his removal was legally flawed. |
| It is now 11 months since May told MPs that "we can soon put Qatada on a plane and out of our country for good". | It is now 11 months since May told MPs that "we can soon put Qatada on a plane and out of our country for good". |
| The case is at the centre of political debates over the future of human rights legislation with its clash between Britain's commitment to the rule of law and its abhorrence of the use of torture and the fate of a radical Islamist described by judges as "Osama bin Laden's righthand man in Europe". | The case is at the centre of political debates over the future of human rights legislation with its clash between Britain's commitment to the rule of law and its abhorrence of the use of torture and the fate of a radical Islamist described by judges as "Osama bin Laden's righthand man in Europe". |
| The home secretary can only take the case to the court of appeal on the basis of a point of law and if it is rejected after the one-day hearing then Abu Qatada's lawyers are likely to apply for his strict bail conditions to be lifted. | The home secretary can only take the case to the court of appeal on the basis of a point of law and if it is rejected after the one-day hearing then Abu Qatada's lawyers are likely to apply for his strict bail conditions to be lifted. |
| The special immigration appeals commission (Siac) will hold a full hearing on 21 March to consider the alleged breach of bail and whether it should be revoked. | The special immigration appeals commission (Siac) will hold a full hearing on 21 March to consider the alleged breach of bail and whether it should be revoked. |
| If the appeal court case fails to clear the way for Abu Qatada's removal to Jordan the home secretary has the option of imposing a two-year terrorism prevention and investigation order – a form of control order – on him. But that would mean her chances of getting him out of the UK before the general election would have almost disappeared. | If the appeal court case fails to clear the way for Abu Qatada's removal to Jordan the home secretary has the option of imposing a two-year terrorism prevention and investigation order – a form of control order – on him. But that would mean her chances of getting him out of the UK before the general election would have almost disappeared. |
| The Home Office security minister, James Brokenshire, flew to Jordan last week in another effort to clinch a deal that would allow Abu Qatada, whose real mane is Omar Othman, to be deported. | The Home Office security minister, James Brokenshire, flew to Jordan last week in another effort to clinch a deal that would allow Abu Qatada, whose real mane is Omar Othman, to be deported. |
| Brokenshire met the Jordanian prime minister, Abdullah Ensour, on Wednesday as part of talks with the authorities in Amman to secure sufficient human rights assurances to enable his deportation to go ahead. After the meeting Ensour said guarantees of a fair trial had been offered on more than one occasion: "Jordan provides the conditions for a fair trial for any person to be tried on its territory." | Brokenshire met the Jordanian prime minister, Abdullah Ensour, on Wednesday as part of talks with the authorities in Amman to secure sufficient human rights assurances to enable his deportation to go ahead. After the meeting Ensour said guarantees of a fair trial had been offered on more than one occasion: "Jordan provides the conditions for a fair trial for any person to be tried on its territory." |
| A Home Office spokesman said the appeal court challenge and the talks with Jordan were part of a "twin track" approach. "The government is determined to deport Abu Qatada to Jordan. We are maintaining our consistent approach to work closely with the Jordanian government to pursue all available options to deport him, in parallel to our appeal to the court of appeal," said a spokesman. | A Home Office spokesman said the appeal court challenge and the talks with Jordan were part of a "twin track" approach. "The government is determined to deport Abu Qatada to Jordan. We are maintaining our consistent approach to work closely with the Jordanian government to pursue all available options to deport him, in parallel to our appeal to the court of appeal," said a spokesman. |
| May is attempting to overturn a ruling last November by Mr Justice Mitting sitting at the Siac in London that assurances offered so far by Amman were insufficient to prove that evidence obtained by torture would not be used in a retrial of Abu Qatada for two bomb attacks in 1998 that he has already been convicted of in absentia. | May is attempting to overturn a ruling last November by Mr Justice Mitting sitting at the Siac in London that assurances offered so far by Amman were insufficient to prove that evidence obtained by torture would not be used in a retrial of Abu Qatada for two bomb attacks in 1998 that he has already been convicted of in absentia. |
| Qatada, who was first detained in Britain as an international terror suspect in 2002, was released on bail last November to a house in north-west London under a 16-hour curfew and strict restrictions on who he can meet and communicate with. | Qatada, who was first detained in Britain as an international terror suspect in 2002, was released on bail last November to a house in north-west London under a 16-hour curfew and strict restrictions on who he can meet and communicate with. |
| The Siac ruling said there remained a real risk that statements by two alleged co-conspirators, Abu Hawsher and Al-Hamasher, which had been obtained by torture would be admitted in his retrial by the state security court. | The Siac ruling said there remained a real risk that statements by two alleged co-conspirators, Abu Hawsher and Al-Hamasher, which had been obtained by torture would be admitted in his retrial by the state security court. |
| Mitting said that risk remained until there was a change to the Jordanian code of criminal practice and/or a ruling by its constitutional court that such torture-tainted evidence could not be used. The only other alternative was for the Jordanian prosecutor to prove "to a high standard that the statements were not procured by torture". | Mitting said that risk remained until there was a change to the Jordanian code of criminal practice and/or a ruling by its constitutional court that such torture-tainted evidence could not be used. The only other alternative was for the Jordanian prosecutor to prove "to a high standard that the statements were not procured by torture". |
| The ruling followed a decision by the European court of human rights made final last May that while Qatada did not face a risk of being tortured if returned to Amman he did face the real possibility of a trial based on-torture tainted evidence. The Strasbourg judges said that would amount to a "flagrant denial of justice". May did not appeal against that ruling. | The ruling followed a decision by the European court of human rights made final last May that while Qatada did not face a risk of being tortured if returned to Amman he did face the real possibility of a trial based on-torture tainted evidence. The Strasbourg judges said that would amount to a "flagrant denial of justice". May did not appeal against that ruling. |
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