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Abu Qatada 'will voluntarily go back to Jordan when new treaty is ratified' Abu Qatada 'will voluntarily go back to Jordan when new treaty is ratified'
(7 days later)
The radical Islamist cleric Abu Qatada will voluntarily go back to Jordan if and when its parliament ratifies a new deportation treaty with Britain, his lawyers have said.The radical Islamist cleric Abu Qatada will voluntarily go back to Jordan if and when its parliament ratifies a new deportation treaty with Britain, his lawyers have said.
The disclosure is a major breakthrough for the home secretary, Theresa May, in the battle to deport the international terror suspect, who was described by a British judge as at the centre of al-Qaida terror-related activities in the UK. The treaty with the Jordanians, which is designed to ensure he will face a fair trial on terror charges without the use of evidence obtained by torture, was signed on 24 April.The disclosure is a major breakthrough for the home secretary, Theresa May, in the battle to deport the international terror suspect, who was described by a British judge as at the centre of al-Qaida terror-related activities in the UK. The treaty with the Jordanians, which is designed to ensure he will face a fair trial on terror charges without the use of evidence obtained by torture, was signed on 24 April.
Edward Fitzgerald QC, Abu Qatada's barrister, told the Special Immigration Appeals Commission (Siac): "If and when the Jordanian parliament ratify the treaty he will voluntarily return to Jordan."Edward Fitzgerald QC, Abu Qatada's barrister, told the Special Immigration Appeals Commission (Siac): "If and when the Jordanian parliament ratify the treaty he will voluntarily return to Jordan."
Reacting to Abu Qatada's lawyers' announcement, the prime minister's spokesman said: "The home secretary and indeed the prime minister are absolutely determined to put Abu Qatada on a plane back to Jordan."Reacting to Abu Qatada's lawyers' announcement, the prime minister's spokesman said: "The home secretary and indeed the prime minister are absolutely determined to put Abu Qatada on a plane back to Jordan."
The move would be a major political coup for Cameron, given Labour's failure to find a way to remove Abu Qatada from Britain.The move would be a major political coup for Cameron, given Labour's failure to find a way to remove Abu Qatada from Britain.
The Home Office is expected to take the lead on further negotiations with Jordan, but "the prime minister will be kept informed every step of the way", a Downing Street source said.The Home Office is expected to take the lead on further negotiations with Jordan, but "the prime minister will be kept informed every step of the way", a Downing Street source said.
The Home Office is now seeking urgent clarification over the Jordanians' intended timetable for ratification of the new treaty and when exactly it will come into force. A Home Office spokesman said: "This case is still ongoing – and the home secretary remains determined to put Abu Qatada on a plane back to Jordan."The Home Office is now seeking urgent clarification over the Jordanians' intended timetable for ratification of the new treaty and when exactly it will come into force. A Home Office spokesman said: "This case is still ongoing – and the home secretary remains determined to put Abu Qatada on a plane back to Jordan."
The British parliament is expected to have approved the new treaty by the end of June. Reports from Amman quote the minister of information as saying the process could take weeks or months but is likely to go ahead.The British parliament is expected to have approved the new treaty by the end of June. Reports from Amman quote the minister of information as saying the process could take weeks or months but is likely to go ahead.
Fitzgerald said he would be making an application for Abu Qatada to be released on bail in a resumed Siac hearing on 20 May. He said he was willing to be released on the most stringent conditions, including 24-hour house arrest: "All he wants at this time when he is obviously planning to go back to Jordan is some time with his family." Fitzgerald said Abu Qatada's decision to return to Jordan was taken because it was "the first time in 12 years that he feels safe in going back".Fitzgerald said he would be making an application for Abu Qatada to be released on bail in a resumed Siac hearing on 20 May. He said he was willing to be released on the most stringent conditions, including 24-hour house arrest: "All he wants at this time when he is obviously planning to go back to Jordan is some time with his family." Fitzgerald said Abu Qatada's decision to return to Jordan was taken because it was "the first time in 12 years that he feels safe in going back".
Abu Qatada has been detained in a maximum-security prison in Britain for a total of seven years and five months while his eight-year-long deportation fight has continued. He is held in a high-security wing of Belmarsh prison, London, after being arrested in March for allegedly breaching his bail conditions.Abu Qatada has been detained in a maximum-security prison in Britain for a total of seven years and five months while his eight-year-long deportation fight has continued. He is held in a high-security wing of Belmarsh prison, London, after being arrested in March for allegedly breaching his bail conditions.
The Siac judge, Mr Justice Irwin, said on Friday that when the police searched his house on 7 March they found 17 illicit mobile phones, including six that were switched on. They also found 55 CDs and DVDs, three USB memory sticks, an SD card, and other five digital media devices.The Siac judge, Mr Justice Irwin, said on Friday that when the police searched his house on 7 March they found 17 illicit mobile phones, including six that were switched on. They also found 55 CDs and DVDs, three USB memory sticks, an SD card, and other five digital media devices.
Irwin said Abu Qatada had to provide an explanation for the cache of illicit communication equipment found in his home. His previous bail conditions had all been firmly focused on one thing, "to stop this man spreading his views". The Metropolitan police are investigating whether he was preparing to disseminate his ideas.Irwin said Abu Qatada had to provide an explanation for the cache of illicit communication equipment found in his home. His previous bail conditions had all been firmly focused on one thing, "to stop this man spreading his views". The Metropolitan police are investigating whether he was preparing to disseminate his ideas.
The text of the new "mutual legal assistance" treaty negotiated by Britain includes article 27, which contains a stringent ban on the use of torture-obtained evidence in a trial. It places the onus on the prosecution to "prove beyond any doubt that the statement has been obtained out of free will and choice and was not obtained by torture".The text of the new "mutual legal assistance" treaty negotiated by Britain includes article 27, which contains a stringent ban on the use of torture-obtained evidence in a trial. It places the onus on the prosecution to "prove beyond any doubt that the statement has been obtained out of free will and choice and was not obtained by torture".
The new treaty followed rulings by the European court of human rights and the appeal court in London that Abu Qatada would face a "flagrant denial of justice" if he was sent back to Jordan to face a retrial on terrorist bombing charges dating back to the 1990s. He was convicted in absentia in 1999 on evidence obtained by torture and sentenced to life imprisonment.The new treaty followed rulings by the European court of human rights and the appeal court in London that Abu Qatada would face a "flagrant denial of justice" if he was sent back to Jordan to face a retrial on terrorist bombing charges dating back to the 1990s. He was convicted in absentia in 1999 on evidence obtained by torture and sentenced to life imprisonment.
Irwin said it was not enough for the treaty to be ratified by the Jordanians. Only when it actually comes into force would its provision override any of the rulings by the Jordanian courts.Irwin said it was not enough for the treaty to be ratified by the Jordanians. Only when it actually comes into force would its provision override any of the rulings by the Jordanian courts.
Abu Qatada is a Palestinian of Jordanian nationality, whose real name is Omar Othman. He arrived in Britain in 1993 and was granted refugee status. He was first detained in Belmarsh high-security prison as an international terror suspect in 2002.Abu Qatada is a Palestinian of Jordanian nationality, whose real name is Omar Othman. He arrived in Britain in 1993 and was granted refugee status. He was first detained in Belmarsh high-security prison as an international terror suspect in 2002.
The shadow home secretary, Yvette Cooper, said: "This could be very good news if it means Abu Qatada returns to Jordan as soon as possible – as we all agree he should stand fair trial there so justice can be done.The shadow home secretary, Yvette Cooper, said: "This could be very good news if it means Abu Qatada returns to Jordan as soon as possible – as we all agree he should stand fair trial there so justice can be done.
"Abu Qatada should have made this decision a long time ago as this legal process has dragged on far too long. We will watch the next steps closely until he departs, but I hope this saga can now be brought to an end.""Abu Qatada should have made this decision a long time ago as this legal process has dragged on far too long. We will watch the next steps closely until he departs, but I hope this saga can now be brought to an end."
Keith Vaz, the chairman of the Commons home affairs select committee, said May should fly to Jordan and secure ratification of the treaty before Abu Qatada changed his mind.Keith Vaz, the chairman of the Commons home affairs select committee, said May should fly to Jordan and secure ratification of the treaty before Abu Qatada changed his mind.
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