Abu Qatada deportation 'not risky'

Written By Unknown on Senin, 11 Maret 2013 | 19.21

11 March 2013 Last updated at 08:00 ET

A block on deporting radical cleric Abu Qatada from the UK should be lifted, lawyers for the home secretary have told the Court of Appeal.

Last year judges said he could not be sent to Jordan for a retrial over alleged involvement in terrorism plots.

They said there was a risk evidence obtained by torture would be used.

Government lawyers argue they took the "wrong approach" in reaching their decision in November and say a "fair" trial was possible.

Addressing the court, James Eadie, QC for the home secretary, said Jordanian law bans use of torture and reliance on statements extracted under duress.

He said the Jordanians will do everything in their power to make sure Abu Qatada receives a trial that was "fair and seen to be so".

On Saturday, the preacher was returned to prison for allegedly breaching his strict bail conditions.

Abu Qatada had been living on bail with his family in London since winning the latest stage of his battle against deportation.

The cleric has never been charged with a crime in the UK but the courts say he poses a serious threat to national security.

'Mobiles seized'

Last November, the Special Immigration Appeals Commission (Siac) ruled there was a risk that evidence obtained by torturing witnesses would be used against him at his retrial in Jordan - meaning that he would not get a fair hearing.

That ruling followed an earlier decision by the European Court of Human Rights that said that the only outstanding issue stopping the preacher's removal from the UK was an assurance from Jordan on that issue.

The government sought fresh assurances from Jordan on the type of trial that the preacher would face - but those were rejected by Siac.

Since November's ruling, officials have been seeking further assurances that would satisfy the courts. Security minister James Brokenshire held talks in Amman last week as part of the continuing diplomatic efforts.

The Court of Appeal hearing is expected to focus on the narrow issue of what constitutes a "real risk" of the use of torture evidence, given the assurances the UK has sought.

If the home secretary wins the appeal, it would allow her to restart the deportation. But it is highly likely there will be more appeals to the Supreme Court or even the European Court of Human Rights.

On Saturday, Mr Justice Irwin approved the preacher's re-detention in prison after hearing that there may have been prohibited communications equipment in the family home while he was present.

The bail conditions included a 22-hour home curfew and significant restrictions on where he could go and whom he could meet or communicate with.

Mr Eadie told the Court of Appeal hearing that mobile phones and other other telecoms equipment had been seized from his home address.


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