Nov 12, 2012 No Comments ›› Infidel
Excerpted from The Telegraph: A senior immigration judge ruled the hate preacher should not be sent to Jordan, where he faces terror charges, because he stands the risk of evidence being used against him that was obtained by torture.
Qatada will be released on bail tomorrow, subject to a 16 hour a day curfew and other restrictions, according to the Special Immigration Appeals Commission.
The judge said Theresa May, the Home Secretary, had failed to satisfy the court that Qatada would be given a fair trial.
The ruling is a humiliation for Mrs May who personally travelled to Jordan to obtain assurances that torture evidence would not be used.
But Siac effectively dismissed those guarantees in an appeal brought by Qatada.
The decision comes despite the fact the British courts have previously ruled that it is safe to return Qatada, who was once described at Osama bin Laden’s right hand man in Europe.
The case was only back at Siac because the European Court of Human Rights ruled earlier this year that he should not be deported because of the risk of torture evidence.
Today’s decision will fuel the row over European judges effectively dictating domestic law.
The Home Office said it would now take the case to the Court of Appeal and Mrs May was due to make an emergency statement in the House of Commons this afternoon.
A spokesman said: “The Government strongly disagrees with this ruling. We have obtained assurances not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial.
“Indeed, today’s ruling found that ‘the Jordanian judiciary, like their executive counterparts, are determined to ensure that the appellant will receive, and be seen to receive, a fair retrial’.
“We will therefore seek leave to appeal today’s decision.”
Siac found that Qatada’s right to a fair trial would be breached because evidence obtained via torture could be used during his re-trial in Jordan.
Qatada had claimed that there was a risk that he himself would be tortured or badly treated in Jordan, however this was rejected.
His legal team also maintained that even if he was acquitted at re-trial, he could be kept in prison under Jordanian law if the authorities decided he was “a danger to the people”, therefore breaching his right to liberty.
This was also rejected.
During a seven-day hearing last month, the commission heard evidence from Professor Beverley Milton-Edwards, who has studied Jordan’s political situation for 25 years.
She said Qatada remained a “controversial” figure in Jordan and a fair trial was unlikely.
Qatada, who is said to have wide and high-level support among extremists, featured in hate sermons found on videos in the flat of one of the September 11 bombers.
He has challenged and ultimately thwarted every attempt by the Government over the last decade to put him on a plane.
In December 2001 Qatada became one of Britain’s most wanted men after going on the run from his home in Acton, west London.
In October 2002 he was arrested by police in a council house in south London and detained in Belmarsh high-security jail.