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Abu Qatada wins Jordan deportation appeal Abu Qatada wins Jordan deportation appeal
(40 minutes later)
Radical cleric Abu Qatada has won his appeal against deportation from the UK to Jordan, at the European Court of Human Rights.Radical cleric Abu Qatada has won his appeal against deportation from the UK to Jordan, at the European Court of Human Rights.
The judges accepted the UK's deal with Jordan to protect him from abuse was sound. The judges accepted the UK's deal with Jordan to protect the cleric from abuse was sound.
But the court said that the preacher might face trial based on evidence obtained by the torture of others. But the court said he should not face trial for terrorism on evidence obtained by the torture of others.
Abu Qatada has fought for six years against deportation from the UK, saying he faced an unfair trial if sent home. Home Secretary Theresa May said the European judges' decision was "not the end of the road".
Home Secretary Theresa May said the European judges' decision was "not the end of the road" and ministers would consider all options.
The British government can make a final appeal before the judgement becomes binding in three months' time. If it does not appeal, the cleric will have to be released from detention.The British government can make a final appeal before the judgement becomes binding in three months' time. If it does not appeal, the cleric will have to be released from detention.
Abu Qatada, whose real name is Omar Othman, has been convicted in his absence of involvement in two major terrorism plots in Jordan. He said that not only were those convictions based on evidence extracted by the torture of others, but he himself faced ill-treatment if he was returned. Abu Qatada, whose real name is Omar Othman, is one of the most influential Islamist clerics in Europe, supporting jihadist causes. British judges have described him as "truly dangerous". He has never faced trial in the UK, but has been detained without charge and had his movements restricted by a control order, a form of house arrest.
The Palestinian-Jordanian preacher has been convicted in his absence of involvement in two major terrorism plots in Jordan. But he says that those convictions were based on evidence extracted by the torture of co-defendants and he would face similar treatment if returned. He originally fled to the UK in 1993 after being tortured twice.
The government signed a memorandum of understanding with Jordan as part of its efforts to expel him, one of a number of deals with foreign regimes which are designed to protect the human rights of anyone deported from the UK.The government signed a memorandum of understanding with Jordan as part of its efforts to expel him, one of a number of deals with foreign regimes which are designed to protect the human rights of anyone deported from the UK.
In the ruling, the Strasbourg court accepted that diplomatic assurances given by Jordan to the UK meant that the cleric would be protected from torture if he were returned.In the ruling, the Strasbourg court accepted that diplomatic assurances given by Jordan to the UK meant that the cleric would be protected from torture if he were returned.
But it added that the deportation had to be stopped because Abu Qatada would not face a fair trial. But it added that the deportation had to be stopped because Abu Qatada was likely to face retrial in Jordan - and that torture had been used to gather the evidence against him.
"Torture and the use of torture evidence were banned under international law," said the European Court. "Allowing a criminal court to rely on torture evidence would legitimise the torture of witnesses and suspects pre-trial. Moreover, torture evidence was unreliable, because a person being tortured would say anything to make it stop."Torture and the use of torture evidence were banned under international law," said the European Court. "Allowing a criminal court to rely on torture evidence would legitimise the torture of witnesses and suspects pre-trial. Moreover, torture evidence was unreliable, because a person being tortured would say anything to make it stop.
"The Court found that torture was widespread in Jordan, as was the use of torture evidence by the Jordanian courts. The Court also found that, in relation to each of the two terrorist conspiracies charged against Mr Othman, the evidence of his involvement had been obtained by torturing one of his co-defendants."The Court found that torture was widespread in Jordan, as was the use of torture evidence by the Jordanian courts. The Court also found that, in relation to each of the two terrorist conspiracies charged against Mr Othman, the evidence of his involvement had been obtained by torturing one of his co-defendants.
"When those two co-defendants stood trial, the Jordanian courts had not taken any action in relation to their complaints of torture.""When those two co-defendants stood trial, the Jordanian courts had not taken any action in relation to their complaints of torture."
Strasbourg said that it was highly probable that the "decisive" evidence against the preacher had come from the abuse of other suspects. Strasbourg said that it was highly probable that the "decisive" evidence against the preacher had come from abusing these defendants.
"In the absence of any assurance by Jordan that the torture evidence would not be used against Mr Othman, the Court therefore concluded that his deportation to Jordan to be retried would give rise to a flagrant denial of justice in violation of [his right to a fair trial]"."In the absence of any assurance by Jordan that the torture evidence would not be used against Mr Othman, the Court therefore concluded that his deportation to Jordan to be retried would give rise to a flagrant denial of justice in violation of [his right to a fair trial]".
In a statement, Home Secretary Theresa May said: "I am disappointed that the court has made this ruling. This is not the end of the road, and we will now consider all the legal options available to us. In the meantime, Qatada will remain in detention in the UK.In a statement, Home Secretary Theresa May said: "I am disappointed that the court has made this ruling. This is not the end of the road, and we will now consider all the legal options available to us. In the meantime, Qatada will remain in detention in the UK.
"It is important to note that this ruling does not prevent us seeking to deport other foreign nationals.""It is important to note that this ruling does not prevent us seeking to deport other foreign nationals."
Shami Chakrabarti, Director of human rights campaign group Liberty, said: "Today's decisions from the European Court of Human Rights show considerable trust in the UK legal system but understandable concern about Jordanian law.
"The court found that torture and evidence obtained that way is widespread in that country. So it is clear that if Abu Qatada is to be tried for terrorism, this should happen in a British court without further delay."