Posted on 02/26/2007 5:26:49 AM PST by Valin
The Government has won a landmark legal battle to deport terror suspects after a court ruled that a hardline Islamic cleric believed to have close links to al-Qaeda should be deported to Jordan. The Special Immigration Appeals Commission (Siac) dismissed an appeal by the radical Muslim preacher Abu Qatada against the Government’s bid to send him back to his native country.
The case of Qatada, who came to Britain in 1993, was a key test of British efforts to allow deportations to countries accused of torture by securing special agreements that deportees will not be ill treated. The ruling was the first test of a crucial plank of the Government’s anti-terror policy.
John Reid, the Home Secretary, said: “We welcome the decision of the Special Immigration Appeals Commission that Abu Qatada presents a threat to our national security and can be deported. “We are also pleased that the court has recognised the value of Memoranda of Understanding. “It is our firm belief that these agreements strike the right balance between allowing us to deport individuals who threaten the security of this country and safeguarding the rights of these individuals on their return. “I am very pleased that the court has confirmed this and that this procedure will enable us to meet our international obligations.”
Qatada - whose real name is Omar Mahmoud Mohammed Othman - was once described as Osama bin Laden’s “right-hand man in Europe”. Siac chairman Mr Justice Ouseley said: “In the matter of the appeal by Othman against the motives of intention to deport, for the reasons given in the judgment... the appeal is dismissed.”
The full Siac judgment said: “We have concluded that there is no real risk of persecution of the appellant were he now to be returned with the safeguards and in the circumstances which now apply to him.” The Siac judgment went on: “If he were to be tortured or ill-treated, there probably would be a considerable outcry in Jordan, regardless of any MOU.
The likely inflaming of Palestinian and extremist or anti-Western feelings would be destabilising for the government. The Jordanian Government would be well aware of that potential risk, and, in its own interests would take steps to ensure that that did not happen.” It added that the Jordanian security service General Intelligence Directorate (GID) would also be aware of the risks of ill-treating Qatada. The ruling said: “The instructions that the appellant should be treated properly, which can realistically be anticipated to be given by the Government and at the highest level, would suffice to avoid that risk in his case.” It added that the Jordanians could be expected to observe the MOU in a “transparent and conscientious” way. Prime Minister Tony Blair’s official spokesman pointed out: “The court has recognised the value of memorandums of understanding and the assurances linked to them.”
Qatada’s legal team claimed in hearings last May that he would be in danger of torture or ill-treatment if he was deported to Jordan. They also claimed the Government’s case against him was based on evidence extracted by torture. The appeal by Qatada tested the Government’s use of so-called “memoranda of understanding” (MOUs) with foreign countries which aim to guarantee the safety of deported suspects. Human rights lawyer Gareth Peirce said Qatada’s legal team would be seeking leave to appeal because there were “issues of considerable importance here”. She said Qatada faces the prospect of trial by a military court using evidence obtained from torture if he is deported to Jordan. She said: “We say it would be so grotesquely unreconcilable with the concept of justice that it would constitute, we say, a complete denial of our responsibilities - to deport on that basis with that known prospect.” Ms Peirce later added: “This decision has really extremely important consequences, not just for Mr Othman - it has important consequences, as we understand from Human Rights Watch, around the world. “We understand that this decision is being monitored and watched by a number of other countries who are considering deporting individuals to regimes where they know they will be tortured. “It is accepted by our Government that Mr Othman would be tortured in Jordan if it were not for a diplomatic assurance which is not enforceable, which carries no sanction if it is breached. “We believe that in resorting to a diplomatic assurance, this Government is evading its responsibilities not just to Mr Othman but to all refugees potentially to abide by its international and domestic obligations.”
Asked whether she accepted Siac’s conclusion that Qatada represented a threat to Britain’s national security, she said: “We have not argued that.” She added: “Our fundamental objection to all of this procedure is, if there is evidence, put people on trial, have a trial, have a fair trial in this country. Our principled objection is don’t do it in secret, don’t have these hearings in secret.”
Now here's hoping they can get rid of some of their homegrown Islamist hate-mongers!!
Great. Maybe Abu can be on the first train out.
I like how it is so easy for these SOB's to come here, but so difficult to kick out.
"Somehow everybody but Qatada was able to bail out before the plane crashed..."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.