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| Parts of evidence against Abu Qatada are 'a bit thin', says judge | Parts of evidence against Abu Qatada are 'a bit thin', says judge |
| (about 1 month later) | |
| Parts of the evidence against the terrorist suspect Abu Qatada are "a bit thin", according to the judge considering his deportation to face trial in Jordan. | Parts of the evidence against the terrorist suspect Abu Qatada are "a bit thin", according to the judge considering his deportation to face trial in Jordan. |
| Mr Justice Mitting also questioned how the 51-year-old radical cleric could be fairly convicted if all the alleged co-conspirators in a Jordanian bomb plot had since been acquitted – which they have. | Mr Justice Mitting also questioned how the 51-year-old radical cleric could be fairly convicted if all the alleged co-conspirators in a Jordanian bomb plot had since been acquitted – which they have. |
| The judge's comments were made at the opening of an eight-day appeal against extradition by Abu Qatada, also known as Omar Othman, in the special immigration appeals commission (Siac) in central London. | The judge's comments were made at the opening of an eight-day appeal against extradition by Abu Qatada, also known as Omar Othman, in the special immigration appeals commission (Siac) in central London. |
| The government is determined to send him to Jordan, where he was convicted in his absence of involvement in two terrorist conspiracies dating back to 1999 and 2000. He would face a retrial . | The government is determined to send him to Jordan, where he was convicted in his absence of involvement in two terrorist conspiracies dating back to 1999 and 2000. He would face a retrial . |
| The extradition case against Abu Qatada has been running since 2002 when he was first arrested in Britain. Since then he has either been in prison or under severely restrictive bail conditions which, at one stage, included a 22-hour curfew. At an earlier hearing it was described as "the longest period of administrative detention as far as we know in modern English history". | The extradition case against Abu Qatada has been running since 2002 when he was first arrested in Britain. Since then he has either been in prison or under severely restrictive bail conditions which, at one stage, included a 22-hour curfew. At an earlier hearing it was described as "the longest period of administrative detention as far as we know in modern English history". |
| As the hearing began, Mitting, the president of Siac, observed: "The evidence [in one of the plots] seems a bit thin." He also referred to the difficulty of using evidence from alleged co-conspirators who had subsequently had their convictions quashed. In January, the European court of human rights in Strasbourg ruled that evidence of his involvement was obtained by torturing one of his co-defendants and there was a high probability it would be used at a retrial, where it would be "of considerable, perhaps decisive importance". | As the hearing began, Mitting, the president of Siac, observed: "The evidence [in one of the plots] seems a bit thin." He also referred to the difficulty of using evidence from alleged co-conspirators who had subsequently had their convictions quashed. In January, the European court of human rights in Strasbourg ruled that evidence of his involvement was obtained by torturing one of his co-defendants and there was a high probability it would be used at a retrial, where it would be "of considerable, perhaps decisive importance". |
| The quality of the evidence will not, however, be a determining factor in Siac's decision about whether the Jordanian-born cleric should be removed from the United Kingdom. The Home Office is trying to persuade the commission that Abu Qatada will receive a fair trial if returned to Jordan following reassurances that no evidence obtained through torture will be used against him. | The quality of the evidence will not, however, be a determining factor in Siac's decision about whether the Jordanian-born cleric should be removed from the United Kingdom. The Home Office is trying to persuade the commission that Abu Qatada will receive a fair trial if returned to Jordan following reassurances that no evidence obtained through torture will be used against him. |
| Following several ministerial visits to the Jordanian capital, Amman, this summer, the Home Office believes it has now been provided with sufficiently robust reassurances that no evidence obtained through torture will be used against Abu Qatada and that he will receive a fair trial. | Following several ministerial visits to the Jordanian capital, Amman, this summer, the Home Office believes it has now been provided with sufficiently robust reassurances that no evidence obtained through torture will be used against Abu Qatada and that he will receive a fair trial. |
| Abu Qatada's appeal is chiefly on the grounds that the evidence extracted under torture would nonetheless be used against him in Jordan's state security court and that it was not an impartial system of justice. | Abu Qatada's appeal is chiefly on the grounds that the evidence extracted under torture would nonetheless be used against him in Jordan's state security court and that it was not an impartial system of justice. |
| Danny Friedman, representing Abu Qatada, told the hearing: "There are some serious issues with the allegations made against Mr Othman." | Danny Friedman, representing Abu Qatada, told the hearing: "There are some serious issues with the allegations made against Mr Othman." |
| Friedman denied that the aim of the appeal was simply delay. "We are not saying two more appeals and 10 more years [of legal postponements]," he added. | Friedman denied that the aim of the appeal was simply delay. "We are not saying two more appeals and 10 more years [of legal postponements]," he added. |
| Outline arguments presented to the hearing by Robin Tam QC, for the Home Office, state that Abu Qatada's deportation to Jordan "forthwith" would "be compatible with the government's obligations under the [human rights] convention". | Outline arguments presented to the hearing by Robin Tam QC, for the Home Office, state that Abu Qatada's deportation to Jordan "forthwith" would "be compatible with the government's obligations under the [human rights] convention". |
| Statements previously obtained from his co-conspirators, supposedly under torture, will not be relied on in the retrial, Tam said. "Given that [the pardoned co-conspirators] al-Hamasher and Abu Hawsher are no longer defendants before the court, [Abu Qatada] must be given the right to examine them. | Statements previously obtained from his co-conspirators, supposedly under torture, will not be relied on in the retrial, Tam said. "Given that [the pardoned co-conspirators] al-Hamasher and Abu Hawsher are no longer defendants before the court, [Abu Qatada] must be given the right to examine them. |
| "Accordingly, if the [Jordanian] prosecutor wishes to rely on the evidence of these former co-defendants, he must call [them] as witnesses to testify under oath in the retrial." In court, he said, they would not be under duress. | "Accordingly, if the [Jordanian] prosecutor wishes to rely on the evidence of these former co-defendants, he must call [them] as witnesses to testify under oath in the retrial." In court, he said, they would not be under duress. |
| Tam also raised doubts about whether one of the witnesses had actually been tortured. "No actual allegations of torture in respect of Abu Hawsher were advanced by [his lawyer]," he said. | Tam also raised doubts about whether one of the witnesses had actually been tortured. "No actual allegations of torture in respect of Abu Hawsher were advanced by [his lawyer]," he said. |
| The fact that three civilian judges will sit on the court panel, without any military officers, removes the "objectionable features" of a military court previously identified by Siac, Tam argued. | The fact that three civilian judges will sit on the court panel, without any military officers, removes the "objectionable features" of a military court previously identified by Siac, Tam argued. |
| Suggestions that Abu Qatada might, if acquitted, be taken "into administrative detention under the 1954 Law on Crime Prevention" were dismissed as "scraping the barrel" to find excuses to avoid deportation. | Suggestions that Abu Qatada might, if acquitted, be taken "into administrative detention under the 1954 Law on Crime Prevention" were dismissed as "scraping the barrel" to find excuses to avoid deportation. |
| Sections of the Siac hearings will be held in secret – known as "closed material procedures" – where only special advocates, who have been given security clearance, and the judges can see sensitive, intelligence evidence. | Sections of the Siac hearings will be held in secret – known as "closed material procedures" – where only special advocates, who have been given security clearance, and the judges can see sensitive, intelligence evidence. |
| Some of the sessions are therefore referred to as being in "open" and other parts in "closed" session. At one stage lawyers referred to "open closing submissions" and "closed closing submissions" to distinguish between different sections of the hearing. The media and most of the lawyers were sent out of court for a brief period while the special advocates discussed secret evidence. | Some of the sessions are therefore referred to as being in "open" and other parts in "closed" session. At one stage lawyers referred to "open closing submissions" and "closed closing submissions" to distinguish between different sections of the hearing. The media and most of the lawyers were sent out of court for a brief period while the special advocates discussed secret evidence. |
| The Home Office says videos of Abu Qatada's sermons influenced Muhammad Atta, the ringleader of the September 11 attacks on the United States. Abu Qatada has been described by a judge as Osama bin Laden's right-hand man in Europe. | The Home Office says videos of Abu Qatada's sermons influenced Muhammad Atta, the ringleader of the September 11 attacks on the United States. Abu Qatada has been described by a judge as Osama bin Laden's right-hand man in Europe. |
| Anthony Layden, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, will give evidence on Thursday. He will be followed by a Jordanian lawyer, Thaer Najdawi, who advises the British embassy in Amman. | Anthony Layden, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, will give evidence on Thursday. He will be followed by a Jordanian lawyer, Thaer Najdawi, who advises the British embassy in Amman. |
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