Abu Qatada, 'grave threat to UK', could walk free in days

• Home Office: 'We will strongly resist any application to release Qatada on bail. We believe he poses a real risk to national security'


• Qatada's legal team said if bail is not granted client faces a further two years of detention


• 'That, we would say, is an extended period of time and one, we would seek to add, that is unreasonable'
  

By David Richards

Last updated at 11:39 AM on 24th January 2012

A radical Muslim cleric accused of posing a grave threat to Britain's national security could walk free in days, a tribunal has heard.

Abu Qatada, once described as 'Osama bin Laden's right-hand man in Europe', will be considered for bail at a hearing on February 6.

He is currently being held at Long Lartin high security prison as he fights deportation to Jordan.

Abu Qatada (left), once described as 'Osama Bin Laden's right-hand man in Europe', will be considered for bail at a hearing on February 6. Home Secretary Theresa May (right) has vowed to fight the move

The move comes as British diplomats are locked in discussions with the Jordanian authorities, seeking assurances that evidence gained through torture would not be used against him.

Qatada, 51, won an appeal to the European Court of Human Rights last week.

The judges ruled that sending Qatada back to face terror charges without assurances about evidence obtained by torture would deny him his right to a fair trial and be a 'flagrant denial of justice'.

 

Home Secretary now faces number of options. These include an appeal to the court's Grand Chamber within three months or seeking a further pledge from Jordan over the use of torture

Home Secretary Theresa May vowed to fight the move saying he would be kept behind bars while she considered all legal options to send him back.

A spokesman said: 'We will strongly resist any application to release Qatada on bail.

'We believe he poses a real risk to national security.'

But yesterday Qatada's defence team argued his continued detention was unlawful.

Also known as Omar Othman, he featured in hate sermons found on videos in the flat of one of the September 11 bombers.

Since 2001, when fears of the domestic terror threat rose in the aftermath of the attacks, he has challenged, and ultimately thwarted, every attempt by the Government to detain and deport him.

Law Lords ruled almost three years ago that he could be sent back to Jordan and Lord Phillips, now president of the Supreme Court - the highest court in the land - said torture in another country does not require the UK 'to retain in this country, to the detriment of national security, a terrorist suspect'.

But the human rights court went against that judgment, agreeing with the earlier 2008 decision of the Court of Appeal which said there were reasonable grounds for believing he would be denied a fair trial in Jordan.

The Special Immigration Appeals Commission tribunal heard that Qatada has had his liberties restricted for some six-and-a-half years and is now being held behind bars in Worcestershire.

Insisting a bail hearing should be expedited, Mr Justice Mitting told the central London hearing: 'Six-and-a-half years of detention requires the eligibility for bail to be considered urgently.

'I accept that it's possible that negotiations with the Jordanian government may produce a rapid solution but past experience ... leads me to believe that is likely to be an unrealistic expectation.'

Robin Tam QC, for the Home Office, said ministerial discussions were taking place with the Jordanians over whether 'arrangements can be reached' so Qatada's deportation is progressed.

This would mean Britain is given the assurances it requires that any evidence gained through torture would not be used in a trial.

Mr Tam told the hearing there was a 'realistic prospect' that an 'understanding' would emerge between the two governments.

'It is certainly not the case that there will be a long and unproductive hiatus,' he said.

'There is hope that a further meeting will actually take place later this week with the Jordanian authorities.

'This isn't something which has been allowed to languish.'

Danny Friedman, for Qatada, told the hearing his client could face a further two years of detention if he is not granted bail while his deportation case is being resolved.

'That, we would say, is an extended period of time and one, we would seek to add, that is unreasonable.'

Now the Home Secretary is faced with a number of options.

These include an appeal to the court's Grand Chamber within three months or seeking a further pledge from Jordan over the use of torture.

The Henry Jackson Society think-tank said the court's ruling 'undermines national security' while former Home Secretary David Blunkett has warned Qatada was 'extraordinarily dangerous and we don't want him on our streets'.

It is the first time that the Strasbourg-based court has found that an expulsion would be in violation of Article 6 of the European Convention on Human Rights, the right to a fair trial, which is enshrined in UK law under the Human Rights Act.

Qatada, also known as Omar Othman, featured in hate sermons found on videos in the flat of one of the September 11 bombers.

Since 2001, when fears of the domestic terror threat rose in the aftermath of the attacks, he has challenged, and ultimately thwarted, every attempt by the Government to detain and deport him.

Law Lords ruled almost three years ago that he could be sent back to Jordan and Lord Phillips, now president of the Supreme Court - the highest court in the land - said torture in another country does not require the UK 'to retain in this country, to the detriment of national security, a terrorist suspect'.

But the human rights court went against that judgment, agreeing with the earlier 2008 decision of the Court of Appeal which said there were reasonable grounds for believing he would be denied a fair trial in Jordan.

Source : dailymail

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