This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-20295754

The article has changed 8 times. There is an RSS feed of changes available.

Version 3 Version 4
Abu Qatada wins appeal against deportation Abu Qatada wins appeal against deportation
(35 minutes later)
Muslim cleric Abu Qatada will not be deported to Jordan, after he won his appeal at the Special Immigration Appeals Commission (Siac).Muslim cleric Abu Qatada will not be deported to Jordan, after he won his appeal at the Special Immigration Appeals Commission (Siac).
His appeal was upheld after lawyers claimed he would not get a fair trial in Jordan, where he is accused of plotting bomb attacks.His appeal was upheld after lawyers claimed he would not get a fair trial in Jordan, where he is accused of plotting bomb attacks.
The government said it would seek to appeal against the ruling.The government said it would seek to appeal against the ruling.
The home secretary had been assured by Jordan that no evidence gained through torture would be used against him.The home secretary had been assured by Jordan that no evidence gained through torture would be used against him.
Abu Qatada's lawyer Edward Fitzgerald QC has applied for the cleric to be released on bail immediately. Mr Qatada - real name Omar Othman - is being held at Long Lartin prison in Worcestershire.Abu Qatada's lawyer Edward Fitzgerald QC has applied for the cleric to be released on bail immediately. Mr Qatada - real name Omar Othman - is being held at Long Lartin prison in Worcestershire.
Mr Fitzgerald told the court: "There is no reasonable prospect of lawful removal [deportation] within any reasonable time.Mr Fitzgerald told the court: "There is no reasonable prospect of lawful removal [deportation] within any reasonable time.
"There is no justification for continuing to deprive Mr Othman of his liberty."There is no justification for continuing to deprive Mr Othman of his liberty.
"Enough is enough, it has gone on for many many years now," the QC added."Enough is enough, it has gone on for many many years now," the QC added.
The decision by Siac means that the legal avenues are finally beginning to narrow - we are now in the end game in the home secretary's battle against Abu Qatada.The decision by Siac means that the legal avenues are finally beginning to narrow - we are now in the end game in the home secretary's battle against Abu Qatada.
The European Court of Human Rights, echoing the concerns of the UK's own Court of Appeal, said the preacher would be treated well if returned - but there was one big problem.The European Court of Human Rights, echoing the concerns of the UK's own Court of Appeal, said the preacher would be treated well if returned - but there was one big problem.
In their judgement they said that it doesn't matter what someone has done, modern nations that believe in the rule of law cannot send people back to regimes that torture - and then use that evidence against other suspects.In their judgement they said that it doesn't matter what someone has done, modern nations that believe in the rule of law cannot send people back to regimes that torture - and then use that evidence against other suspects.
Theresa May spent weeks trying to get a new deal with Jordan that would convince judges that the country had reformed and the preacher would get a completely fair trial.Theresa May spent weeks trying to get a new deal with Jordan that would convince judges that the country had reformed and the preacher would get a completely fair trial.
This defeat is a huge blow to her and to the government's strategy of doing diplomatic deals with countries accused of abusing human rights.This defeat is a huge blow to her and to the government's strategy of doing diplomatic deals with countries accused of abusing human rights.
A statement from the Home Office said: "We have obtained assurances not just in relation to the treatment of Qatada himself but about the quality of the legal processes that would be followed throughout his trial.A statement from the Home Office said: "We have obtained assurances not just in relation to the treatment of Qatada himself but about the quality of the legal processes that would be followed throughout his trial.
"Indeed, today's ruling found that 'the Jordanian judiciary, like their executive counterparts, are determined to ensure that the appellant will receive, and be seen to receive, a fair retrial'."Indeed, today's ruling found that 'the Jordanian judiciary, like their executive counterparts, are determined to ensure that the appellant will receive, and be seen to receive, a fair retrial'.
"We will therefore seek leave to appeal [Monday's] decision.""We will therefore seek leave to appeal [Monday's] decision."
Lawyers can apply for permission at the Court of Appeal to challenge the ruling by Mr Justice Mitting.Lawyers can apply for permission at the Court of Appeal to challenge the ruling by Mr Justice Mitting.
Jordan's acting information minister Nayef al-Fayez said his government did "share the British government's disappointment and concern".
"We will definitely study this ruling carefully with them to see what steps we can take. We understand there will be an appeal and accordingly we will work with them to be able to bring him back to justice here in Jordan.
"Concerning the fear of a fair trial for him - there were guarantees for the British government on that, but also our constitution and our judicial system guarantees him that."
'Huge blow''Huge blow'
BBC home affairs correspondent Dominic Casciani said the decision left Home Secretary Theresa May in "completely unchartered legal waters".BBC home affairs correspondent Dominic Casciani said the decision left Home Secretary Theresa May in "completely unchartered legal waters".
"This is an absolutely huge blow to the home secretary - a very, very significant judgement.""This is an absolutely huge blow to the home secretary - a very, very significant judgement."
Our correspondent added that the Siac court was likely to make a decision on whether to grant Abu Qatada bail later on Monday. If granted, bail is likely to include strict conditions about the extent of his communications and movements.Our correspondent added that the Siac court was likely to make a decision on whether to grant Abu Qatada bail later on Monday. If granted, bail is likely to include strict conditions about the extent of his communications and movements.
Judges at the European Court in Strasbourg ruled early in 2012 that the cleric would not face ill-treatment if returned to Jordan. They said a special UK-Jordan agreement over Mr Qatada's treatment, called a Memorandum of Understanding, was sound and met European standards of humane treatment.Judges at the European Court in Strasbourg ruled early in 2012 that the cleric would not face ill-treatment if returned to Jordan. They said a special UK-Jordan agreement over Mr Qatada's treatment, called a Memorandum of Understanding, was sound and met European standards of humane treatment.
Critically however, the judge did not believe he would get a fair trial because a Jordanian court could use evidence against Abu Qatada that had been obtained from the torture of others.Critically however, the judge did not believe he would get a fair trial because a Jordanian court could use evidence against Abu Qatada that had been obtained from the torture of others.
Despite obtaining additional assurances from the Jordanian authorities, Mr Justice Mitting ruled that he was not satisfied Mr Qatada would be tried fairly.Despite obtaining additional assurances from the Jordanian authorities, Mr Justice Mitting ruled that he was not satisfied Mr Qatada would be tried fairly.
Abu Qatada faces a re-trial for allegedly conspiring to cause explosions on Western and Israeli targets in 1998 and 1999. He was found guilty of terrorism offences in his absence in Jordan in 1999.Abu Qatada faces a re-trial for allegedly conspiring to cause explosions on Western and Israeli targets in 1998 and 1999. He was found guilty of terrorism offences in his absence in Jordan in 1999.
The Palestinian-born Jordanian has been described as the spiritual leader of the mujahideen. Security chiefs believe he played a key ideological role in spreading support for suicide bombings.The Palestinian-born Jordanian has been described as the spiritual leader of the mujahideen. Security chiefs believe he played a key ideological role in spreading support for suicide bombings.
He has been subject to lengthy periods of detention since 2001 although he has never been charged with a crime in the UK.He has been subject to lengthy periods of detention since 2001 although he has never been charged with a crime in the UK.