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Abu Qatada deportation appeal rejected by human rights court Abu Qatada deportation appeal rejected by human rights court
(about 1 hour later)
The home secretary, Theresa May, is to make a renewed attempt to deport Abu Qatada after judges at the European court of human rights rejected his appeal to the Strasbourg court.The home secretary, Theresa May, is to make a renewed attempt to deport Abu Qatada after judges at the European court of human rights rejected his appeal to the Strasbourg court.
May said: "I am pleased by the European court's decision. The Qatada case will now go through the British courts. I am confident the assurances we have from Jordan mean we can put Qatada on a plane and get him out of Britain."May said: "I am pleased by the European court's decision. The Qatada case will now go through the British courts. I am confident the assurances we have from Jordan mean we can put Qatada on a plane and get him out of Britain."
A panel of five human rights judges ruled that the radical Islamist cleric's lawyers, and not May, were right to claim that his appeal against deportation, lodged at 11.13pm on Tuesday 17 April, had been made within the three-month time limit. A panel of five human rights judges ruled that the radical Islamist cleric's lawyers, and not May, were right to claim that his appeal against deportation, lodged at 11.13pm on Tuesday 17 April, had been made within the three-month time limit.
But his appeal to the grand chamber that there was a risk he would be tortured if he was sent back to Jordan was rejected without any reasons being specified. Appeals are normally rejected if they do not raise a sufficiently serious new issue or legal question.But his appeal to the grand chamber that there was a risk he would be tortured if he was sent back to Jordan was rejected without any reasons being specified. Appeals are normally rejected if they do not raise a sufficiently serious new issue or legal question.
The decision on his appeal lifts the legal block on the home secretary's attempts to deport Qatada to Jordan to face trial on terrorist conspiracy charges.The decision on his appeal lifts the legal block on the home secretary's attempts to deport Qatada to Jordan to face trial on terrorist conspiracy charges.
The home secretary will consider one option for "short-circuiting" lengthy appeals in the British courts against his deportation. If she considers that the al-Qaida-linked cleric's case is "manifestly unfounded", she could issue a certificate limiting his appeals to a single high court challenge. May will consider one option for "short-circuiting" lengthy appeals in the British courts against his deportation. If she considers that the al-Qaida-linked cleric's case is "manifestly unfounded", she could issue a certificate limiting his appeals to a single high court challenge.
But it is more likely that the Jordanian assurances will be tested through the British courts in a process that will take months rather than weeks. In anticipation of this, Qatada's lawyers lodged a fresh bail application on Wednesday, but no immediate date is likely to be set for the hearing. It is more likely that the Jordanian assurances will be tested through the British courts in a process that will take months rather than weeks. In anticipation of this, Qatada's lawyers lodged a fresh bail application on Wednesday, but no immediate date is likely to be set for the hearing.
Mr Justice Mitting, who last month revoked Qatada's bail pending the outcome of Wednesday's Strasbourg hearing, said this could bring the matter to a rapid end "within a matter of weeks". The high court hearing will test the legality of undertakings given by the Jordanian government that Qatada will not face a trial on his return based on evidence obtained by torture. Mr Justice Mitting, who last month revoked Qatada's bail pending the outcome of the Strasbourg hearing, said this could bring the matter to a rapid end "within a matter of weeks". The high court hearing will test the legality of undertakings given by the Jordanian government that Qatada will not face a trial on his return based on evidence obtained by torture.
The last-minute appeal by Qatada's lawyers sparked a furious row as it halted the deportation less than 24 hours after the home secretary had ordered his arrest pending his removal. May insisted the deadline for appeals had lapsed the previous day at midnight on Monday 16 April – three months after the initial ruling in the case. The last-minute appeal last month by Qatada's lawyers sparked a furious row as it halted the deportation less than 24 hours after the home secretary had ordered his arrest pending his removal. May insisted the deadline for appeals had lapsed the previous day at midnight on Monday 16 April, three months after the initial ruling in the case.
The ECHR spokesman said: "The panel found that the request had been submitted within the three-month time limit for such requests. However, it considered that the request should be refused. The ECHR spokesman said: "The panel found that the request had been submitted within the three-month time limit for such requests. However, it considered that the request should be refused. Accordingly, the chamber's judgment of 17 January 2012 is now final. Once a judgment becomes final, it is transmitted to the committee of ministers of the Council of Europe for supervision of its implementation."
"Accordingly, the hamber's judgment of 17 January 2012 is now final. Once a judgment becomes final, it is transmitted to the committee of ministers of the Council of Europe for supervision of its implementation." Yvette Cooper, the shadow home secretary, said: "It is very welcome that Abu Qatada's application has been rejected. We all want Abu Qatada to be deported and stand fair trial in Jordan as soon as possible. We hope that can be hastened now, based on the agreement secured by the previous government and the new assurances the home secretary says she has received.
Yvette Cooper, Shadow Home Secretary, said: "It is very welcome that Abu Qatada's application has been rejected. We all want Abu Qatada to be deported and stand fair trial in Jordan as soon as possible. We hope that can be hastened now, based on the agreement secured by the previous government and the new assurances the home secretary says she has received. "However, it is shocking that the court has confirmed the home secretary got the date wrong, and took an unacceptable risk with this serious case. Theresa May was adamant in the House of Commons that she got the date of appeal right even though she had been warned by the court and by the media.
"However, it is shocking that the court has confirmed the home secretary got the date wrong, and took an unacceptable risk with this serious case. Theresa May was adamant in the House of Commons that she got the date of appeal right even though she had been warned by the court and by the media.
"We are all very lucky that the home secretary's major mistake has not led to Qatada's application for appeal being granted. Now is the time for Theresa May to apologise for such a potentially catastrophic error of judgement and answer questions as to what led her to make this mistake and why she was adamant she was right. The government has shown very worrying incompetence and recklessness in dealing with Abu Qatada. This cannot be allowed to happen again, and the government needs to show action will be taken to ensure it does not.""We are all very lucky that the home secretary's major mistake has not led to Qatada's application for appeal being granted. Now is the time for Theresa May to apologise for such a potentially catastrophic error of judgement and answer questions as to what led her to make this mistake and why she was adamant she was right. The government has shown very worrying incompetence and recklessness in dealing with Abu Qatada. This cannot be allowed to happen again, and the government needs to show action will be taken to ensure it does not."
Amnesty International expressed its disappointment at the decision, arguing that it would put him at a real risk of torture and of receiving an unfair trial tainted by torture. Amnesty International said the decision would put Qatada at a real risk of torture and of receiving an unfair trial tainted by torture.
Amnesty's UK director, Kate Allen said: "This is a disappointing decision and a missed opportunity. The grand chamber would have been the right body to examine this appeal because it raises fundamental issues about whether 'deportation deals' with countries which routinely use torture should ever be relied on."Amnesty's UK director, Kate Allen said: "This is a disappointing decision and a missed opportunity. The grand chamber would have been the right body to examine this appeal because it raises fundamental issues about whether 'deportation deals' with countries which routinely use torture should ever be relied on."
Tory MP Dominic Raab said: "This decision puts Qatada's deportation back under UK control.Tory MP Dominic Raab said: "This decision puts Qatada's deportation back under UK control.
"Once the British courts approve the revived deportation application, which ought to happen in the next few weeks, Qatada will presumably try a third appeal to Strasbourg."Once the British courts approve the revived deportation application, which ought to happen in the next few weeks, Qatada will presumably try a third appeal to Strasbourg.
"At that point, the government cannot legally be prevented from deporting him, so he should be put straight on a plane to Jordan."At that point, the government cannot legally be prevented from deporting him, so he should be put straight on a plane to Jordan.
"It would pervert the rule of law to allow him to sit out a third Strasbourg appeal, which could take months, on British soil and at taxpayers' expense.""It would pervert the rule of law to allow him to sit out a third Strasbourg appeal, which could take months, on British soil and at taxpayers' expense."