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Abu Qatada: Government appeal bid rejected Abu Qatada: Government appeal bid rejected
(35 minutes 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 UK's top 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 for an appeal directly.
The cleric faces retrial on terrorism-related charges in Jordan. The cleric faces retrial on terrorism-related charges in Jordan. Labour said Mrs May's strategy had failed.
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 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 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 the lower court had not misinterpreted nor 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 a full hearing.
Court of AppealCourt 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. During the Court of Appeal hearing, the government argued Siac had taken an "erroneous" view of the situation in Jordan and legal tests to assess the conditions Abu Qatada could face.
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". Lawyers for the home secretary said Jordan had banned torture and the use in trial of statements extracted under duress.
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. But in their judgement the judges said Siac had been entitled to think there was a risk the "impugned statements" would be used in evidence during a retrial and there was "a real risk of a flagrant denial of justice".
"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." They said the court accepted 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."
Shadow home secretary Yvette Cooper called on the Mrs May to "tell us urgently what she is going to do now to get Abu Qatada deported or tried, and keep him off our streets".
"Theresa May failed to appeal against the European Court decision last year," she said.
"It is no good the home secretary blaming the court when she didn't appeal when she had the chance. Instead the home secretary went back to square one in the British courts instead, insisting with great fanfare that her legal strategy would work.
"But she also failed to get sufficient assurances from Jordan to convince the British courts."
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.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.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.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.