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| Abu Qatada: Government appeal bid rejected | Abu Qatada: Government appeal bid rejected |
| (about 1 hour later) | |
| The Court of Appeal has refused the government permission to take its fight to remove Abu Qatada from the UK to the Supreme Court. | The Court of Appeal has refused the government permission to take its fight to remove Abu Qatada from the UK to the Supreme Court. |
| Home Secretary Theresa May had wanted the Supreme Court to overturn a decision by a lower court to halt the cleric's deportation. | Home Secretary Theresa May had wanted the Supreme Court to overturn a decision by a lower court to halt the cleric's deportation. |
| Mrs May could still petition the Supreme Court directly for permission to appeal. | Mrs May could still petition the Supreme Court directly for permission to appeal. |
| The cleric faces retrial on terrorism-related charges in Jordan. | The cleric faces retrial on terrorism-related charges in Jordan. |
| In a statement, a Home Office spokesman said: "We are disappointed with the Court of Appeal's decision but will now request permission to appeal directly from the Supreme Court. | In a statement, a Home Office spokesman said: "We are disappointed with the Court of Appeal's decision but will now request permission to appeal directly from the Supreme Court. |
| "The Government remains committed to deporting this dangerous man and we continue to work with the Jordanians to address the outstanding legal issues preventing deportation." | "The Government remains committed to deporting this dangerous man and we continue to work with the Jordanians to address the outstanding legal issues preventing deportation." |
| Last year, the Special Immigration Appeals Commission (Siac), which adjudicates on national security-related deportations, said that Abu Qatada should not be removed from the UK because his retrial could be tainted by evidence obtained by torturing the cleric's former co-defendants. | Last year, the Special Immigration Appeals Commission (Siac), which adjudicates on national security-related deportations, said that Abu Qatada should not be removed from the UK because his retrial could be tainted by evidence obtained by torturing the cleric's former co-defendants. |
| The Home Secretary had unsuccessfully argued to Siac that she had obtained fresh assurances that would guarantee the fair treatment of the preacher on his return to Amman. | The Home Secretary had unsuccessfully argued to Siac that she had obtained fresh assurances that would guarantee the fair treatment of the preacher on his return to Amman. |
| In March, the Court of Appeal upheld Siac's decision, saying that the lower court had not misinterpreted or misapplied the law. | In March, the Court of Appeal upheld Siac's decision, saying that the lower court had not misinterpreted or misapplied the law. |
| The Supreme Court can reconsider Court of Appeal decisions if the justices are convinced there is a "point of law of general public importance". | The Supreme Court can reconsider Court of Appeal decisions if the justices are convinced there is a "point of law of general public importance". |
| The Home Secretary's petition is expected to be considered by three justices who will examine the case on paper, rather than in a full hearing. | The Home Secretary's petition is expected to be considered by three justices who will examine the case on paper, rather than in a full hearing. |
| Court of Appeal | |
| During the Court of Appeal hearing, the government argued that Siac had taken an "erroneous" view of the situation in Jordan and the legal tests that had to be applied when it came to assessing the conditions Abu Qatada could face there. Lawyers for the Home Secretary said that Jordan had banned the use of torture and the use in trial of statements extracted under duress. | |
| But in their judgement, Lord Dyson, sitting with Lord Justice Richards and Lord Justice Elias, said Siac had been entitled to think there was a risk the "impugned statements" would be admitted in evidence at a retrial. This meant there was "a real risk of a flagrant denial of justice". | |
| The judges said the court accepted that Abu Qatada "is regarded as a very dangerous person", but that was not "a relevant consideration" to whether his deportation would result in breaching human rights. | |
| "Torture is universally abhorred as an evil," said the judges. "A state cannot expel a person to another state where there is a real risk that he will be tried on the basis of evidence which there is a real possibility may have been obtained by torture. That principle is accepted by the Secretary of State and is not in doubt." | |
| Abu Qatada was re-arrested and returned to Belmarsh prison in March, following an alleged breach of bail conditions, concerning the use of communications equipment at his home. | |
| The Metropolitan Police said his breach followed an investigation into whether he was party to the publication of extremist internet material in his name. | |
| If the police arrested and charged him with an offence in relation to that investigation, or another accusation, they could ask a judge to remand him in prison before trial. |