May outlines new Abu Qatada treaty

Written By Unknown on Rabu, 24 April 2013 | 19.21

24 April 2013 Last updated at 08:14 ET

The government has signed a mutual assistance treaty with Jordan to ensure that radical cleric Abu Qatada can be extradited, Theresa May has told MPs.

The home secretary said the treaty had guarantees on fair trials within it.

The government is doing "everything it can" to deport Abu Qatada, she said.

It comes after she failed to get the case referred to the Supreme Court to reverse a ruling that the radical cleric could face an unfair trial if sent to Jordan to face terror charges.

Mrs May has applied directly to the Supreme Court for permission to challenge the ruling.

The treaty will come into play should the Supreme Court reject the government's request.

'Every chance'

Giving a statement to the Commons, Mrs May said the agreement would have to be ratified by the UK and Jordan.

She said she believed it would satisfy concerns that Abu Qatada would not receive a fair trial there, and there was now "every chance" of deporting the cleric.

However, Mrs May added that even once the agreement was fully ratified, Abu Qatada would still be able to launch a legal appeal. This could mean it may still be months before he is deported.

She told the Commons: "I have signed a comprehensive mutual legal assistance agreement with Jordan.

"This agreement is fully reciprocal, offers considerable advantages to both countries, and reflects our joint commitment to tackling international crime. It covers assistance in obtaining evidence for the investigation and prosecution of crimes in either country, and provides a framework for assistance in the restraint and confiscation of the proceeds of crime.

"The agreement also includes a number of fair trial guarantees. These would apply to anyone being deported from either country. I believe these guarantees will provide the courts with the assurance that Qatada will not face evidence that might have been obtained by torture, in a retrial in Jordan."

'Denial of justice'

The Special Immigration Appeals Commission (Siac), which adjudicates on national security-related deportations, ruled last year that Abu Qatada should not be removed from the UK because his retrial could be tainted by evidence obtained by torturing the cleric's former co-defendants.

Mrs May had argued she had obtained fresh assurances that would guarantee the fair treatment of the preacher on his return to Amman.

But the Court of Appeal upheld Siac's decision last month, saying the lower court had not misinterpreted nor misapplied the law.

Government lawyers had stressed that Jordan had banned torture and the use in trial of statements extracted under duress.

But the Court of Appeal judges said Siac had been entitled to think there was a risk the "impugned statements" would be used in evidence during a retrial and there was "a real risk of a flagrant denial of justice".

The Supreme Court can reconsider Court of Appeal decisions if the justices are convinced there is a "point of law of general public importance".

On 17 April 2012, the home secretary told the Commons that, following fresh assurances from Jordan that he would get a fair trial, "we can soon put Qatada on a plane and get him out of our country for good".

Bids for freedom before the European Court of Human Rights and the High Court followed before Abu Qatada's successful appeal to Siac in November.

Abu Qatada was re-arrested and returned to Belmarsh prison in March, following an alleged breach of bail conditions, concerning the use of communications equipment at his home.


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