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Abu Qatada pardon sought from Jordan, tribunal hears Abu Qatada pardon sought from Jordan, tribunal hears
(about 1 month later)
Home Office ministers tried to persuade the Jordanian government to grant the terrorist suspect Abu Qatada a pardon so that he could be deported from the UK, an immigration tribunal has heard.Home Office ministers tried to persuade the Jordanian government to grant the terrorist suspect Abu Qatada a pardon so that he could be deported from the UK, an immigration tribunal has heard.
The act of clemency would have cleared the way for him to be retried for two bomb attacks in Jordan without relying on evidence extracted under torture from alleged co-conspirators.The act of clemency would have cleared the way for him to be retried for two bomb attacks in Jordan without relying on evidence extracted under torture from alleged co-conspirators.
After the then security minister, James Brokenshire, was told this was not possible, UK officials continued research into when the King of Jordan could issue a pardon. Details of the government's increasingly inventive attempts to remove Abu Qatada, 52, emerged on the second day of his appeal against deportation at the Special Immigration Appeals Commission (Siac) in London.After the then security minister, James Brokenshire, was told this was not possible, UK officials continued research into when the King of Jordan could issue a pardon. Details of the government's increasingly inventive attempts to remove Abu Qatada, 52, emerged on the second day of his appeal against deportation at the Special Immigration Appeals Commission (Siac) in London.
Other UK requests – for the Jordanian courts to rule on the admissibility of the evidence and to give an undertaking not to bring evidence obtained through torture – were also refused, Anthony Layden, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, revealed.Other UK requests – for the Jordanian courts to rule on the admissibility of the evidence and to give an undertaking not to bring evidence obtained through torture – were also refused, Anthony Layden, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, revealed.
Siac is hearing Abu Qatada's appeal after Europe's human rights judges ruled that he could not be deported while there was a "real risk that evidence obtained by torture will be used against him".Siac is hearing Abu Qatada's appeal after Europe's human rights judges ruled that he could not be deported while there was a "real risk that evidence obtained by torture will be used against him".
The government has been seeking assurances from Jordan that Abu Qatada, who a judge once described as Osama bin Laden's right-hand man in Europe, will not be tried on the basis of evidence obtained through torture.The government has been seeking assurances from Jordan that Abu Qatada, who a judge once described as Osama bin Laden's right-hand man in Europe, will not be tried on the basis of evidence obtained through torture.
Layden revealed details of the talks which took place in a meeting in Jordan on 14 February. Under cross-examination by Edward Fitzgerald QC, for Abu Qatada, he said: "I think the question of a pardon had been asked earlier and Brokenshire was asking for an answer."Layden revealed details of the talks which took place in a meeting in Jordan on 14 February. Under cross-examination by Edward Fitzgerald QC, for Abu Qatada, he said: "I think the question of a pardon had been asked earlier and Brokenshire was asking for an answer."
The pardon was being sought because the evidence used in convicting Abu Qatada in his absence was "granted by torture", Layden agreed, saying he had not referred to government assurances because it was a matter for the prosecutors and the courts. Asked whether torture was widespread and routine in Jordan, Layden replied: "Matters have improved. It's still my view that torture may take place in Jordan and we have to proceed on the basis that it does."The pardon was being sought because the evidence used in convicting Abu Qatada in his absence was "granted by torture", Layden agreed, saying he had not referred to government assurances because it was a matter for the prosecutors and the courts. Asked whether torture was widespread and routine in Jordan, Layden replied: "Matters have improved. It's still my view that torture may take place in Jordan and we have to proceed on the basis that it does."
"Political pressure" was put on Home Office and Foreign Office lawyers to secure assurances that Abu Qatada could be deported, he said. Ministerial advisers asked UK officials to ensure that "minimum requirements" were met to enable his removal."Political pressure" was put on Home Office and Foreign Office lawyers to secure assurances that Abu Qatada could be deported, he said. Ministerial advisers asked UK officials to ensure that "minimum requirements" were met to enable his removal.
Layden recalled a meeting in Whitehall last spring attended by Whitehall lawyers. "There was an atmosphere of a certain amount of political pressure at the time," he said. The term "minimum requirements" had come from one of three special advisers who were present, he explained.Layden recalled a meeting in Whitehall last spring attended by Whitehall lawyers. "There was an atmosphere of a certain amount of political pressure at the time," he said. The term "minimum requirements" had come from one of three special advisers who were present, he explained.
Fitzgerald asked about a meeting between the home secretary, Theresa May, and the King of Jordan, at which she said the "perception that Jordan used torture" put about by the European court of human rights needed to be corrected.Fitzgerald asked about a meeting between the home secretary, Theresa May, and the King of Jordan, at which she said the "perception that Jordan used torture" put about by the European court of human rights needed to be corrected.
Layden said he had not been present but added that "it was being put to us [that torture] was no longer representative" of what was being done.Layden said he had not been present but added that "it was being put to us [that torture] was no longer representative" of what was being done.
Layden dismissed suggestions that Abu Qatada could, if acquitted, be subsequently arrested under a Jordanian law permitting administrative detention. But he did agree that as many as 13,000 people are believed to be in custody because they had been detained under the orders of regional governors.Layden dismissed suggestions that Abu Qatada could, if acquitted, be subsequently arrested under a Jordanian law permitting administrative detention. But he did agree that as many as 13,000 people are believed to be in custody because they had been detained under the orders of regional governors.
He hoped Abu Qatada would be given a trial "sufficiently fair to discharge our responsibilities". The hearing continues.He hoped Abu Qatada would be given a trial "sufficiently fair to discharge our responsibilities". The hearing continues.
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