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Guantanamo detainee granted bail Guantanamo detainee granted bail
(20 minutes later)
A UK resident released by the US from Guantanamo Bay has been granted bail after appearing in court under a Spanish extradition warrant.A UK resident released by the US from Guantanamo Bay has been granted bail after appearing in court under a Spanish extradition warrant.
Magistrates are considering whether to extradite Jamil El-Banna to Spain to face allegations of terror offences.Magistrates are considering whether to extradite Jamil El-Banna to Spain to face allegations of terror offences.
Spanish lawyers accused him of being part of an al-Qaeda cell and recruiting people to terror training camps.Spanish lawyers accused him of being part of an al-Qaeda cell and recruiting people to terror training camps.
Omar Deghayes, 38, and Abdenour Samuer, 34, were also freed but arrested under the Terrorism Act on arrival in the UK.Omar Deghayes, 38, and Abdenour Samuer, 34, were also freed but arrested under the Terrorism Act on arrival in the UK.
The three men arrived at Luton airport on Wednesday after they were held by the US at Guantanamo for four-and-a-half years.The three men arrived at Luton airport on Wednesday after they were held by the US at Guantanamo for four-and-a-half years.
Mr El-Banna, a father of five, was detained under port and border controls and arrested on Thursday morning after questioning at a Dunstable police station.Mr El-Banna, a father of five, was detained under port and border controls and arrested on Thursday morning after questioning at a Dunstable police station.
Aircraft arrestAircraft arrest
A Metropolitan Police spokesman said he had not been charged under UK law, but the European Arrest Warrant, issued on behalf of the Spanish authorities, meant it was their duty to arrest him and present him to court.A Metropolitan Police spokesman said he had not been charged under UK law, but the European Arrest Warrant, issued on behalf of the Spanish authorities, meant it was their duty to arrest him and present him to court.
He appeared at the City of Westminster Magistrates' Court in central London looking dishevelled and bewildered.He appeared at the City of Westminster Magistrates' Court in central London looking dishevelled and bewildered.
Senior district judge Timothy Workman granted him bail of £50,000.Senior district judge Timothy Workman granted him bail of £50,000.
The court heard as a member of the Islamic Alliance, Mr El-Banna, 45, had allegedly helped to recruit people to terrorist training camps and distributed terrorist propaganda between 1996 and 2001.The court heard as a member of the Islamic Alliance, Mr El-Banna, 45, had allegedly helped to recruit people to terrorist training camps and distributed terrorist propaganda between 1996 and 2001.
His lawyer, Edward Fitzgerald QC said there would be massive issues as to the lapse of time over extradition and his human rights.His lawyer, Edward Fitzgerald QC said there would be massive issues as to the lapse of time over extradition and his human rights.
To do this when they are so close to home and their families, I think, is reprehensible Clive Stafford-SmithLawyer for the menTo do this when they are so close to home and their families, I think, is reprehensible Clive Stafford-SmithLawyer for the men
Protesters against his detention gathered outside court.Protesters against his detention gathered outside court.
Among them was Liberal Democrat Sarah Teather, MP for Mr El-Banna, who described Spain's move as "extremely distasteful and very insensitive".Among them was Liberal Democrat Sarah Teather, MP for Mr El-Banna, who described Spain's move as "extremely distasteful and very insensitive".
Earlier, Clive Stafford Smith, another of Mr El-Banna's lawyers, accused the government of lying about the three men's release.Earlier, Clive Stafford Smith, another of Mr El-Banna's lawyers, accused the government of lying about the three men's release.
"To do this when they are so close to home and their families, I think, is reprehensible," he said."To do this when they are so close to home and their families, I think, is reprehensible," he said.
"It would have been fine if that was what they [the government] had told us was going to happen. I have no problem with them questioning my clients but they lied.""It would have been fine if that was what they [the government] had told us was going to happen. I have no problem with them questioning my clients but they lied."
He said he had previously tried to encourage a Spanish extradition request as a means of getting the men out of Guantanamo, but said the authorities in Madrid had never showed any interest.He said he had previously tried to encourage a Spanish extradition request as a means of getting the men out of Guantanamo, but said the authorities in Madrid had never showed any interest.
"For quite a long time, we tried to get the Spanish to demand their release because we thought it was an elegant way to get them out of Guantanamo. The Spanish weren't interested," he told BBC Two's Newsnight."For quite a long time, we tried to get the Spanish to demand their release because we thought it was an elegant way to get them out of Guantanamo. The Spanish weren't interested," he told BBC Two's Newsnight.
Fertility treatmentFertility treatment
Mr El-Banna first came to the security services attention because he knew Abu Qatada, a radical cleric, described as a "key UK figure" in al-Qaeda related terror activity.Mr El-Banna first came to the security services attention because he knew Abu Qatada, a radical cleric, described as a "key UK figure" in al-Qaeda related terror activity.
Mr Stafford Smith said the Spanish had a recording of a conversation Mr El-Banna had had with Imad Yarkas, the alleged head of an al-Qaeda cell in Spain broken up in 2001.Mr Stafford Smith said the Spanish had a recording of a conversation Mr El-Banna had had with Imad Yarkas, the alleged head of an al-Qaeda cell in Spain broken up in 2001.
He said the conversation had been an innocent one about fertility treatment.He said the conversation had been an innocent one about fertility treatment.
Yarkas, also known as Abu Dahdah, is currently serving a 27-year sentence in Spain for conspiracy to commit murder in connection with the 11 September attacks in the US and leading a terror organisation.Yarkas, also known as Abu Dahdah, is currently serving a 27-year sentence in Spain for conspiracy to commit murder in connection with the 11 September attacks in the US and leading a terror organisation.
'Mistaken identity''Mistaken identity'
Mr Deghayes and Mr Samuer were arrested on board an aircraft shortly after it arrived from Guantanamo.Mr Deghayes and Mr Samuer were arrested on board an aircraft shortly after it arrived from Guantanamo.
A Metropolitan Police spokesman said they were being held on suspicion of the commission, preparation or instigation of acts of terrorism.A Metropolitan Police spokesman said they were being held on suspicion of the commission, preparation or instigation of acts of terrorism.
Mr El-Banna could be extradited to Spain Mr El-Banna is waiting to be reunited with his family
They remain in custody at Paddington Green police station in central London, with Mr Deghayes also facing possible extradition to Spain.They remain in custody at Paddington Green police station in central London, with Mr Deghayes also facing possible extradition to Spain.
Mr Stafford Smith said Mr Deghayes had been detained in Guantanamo accused of committing terrorist acts against the United States, after Spanish intelligence services obtained a video.Mr Stafford Smith said Mr Deghayes had been detained in Guantanamo accused of committing terrorist acts against the United States, after Spanish intelligence services obtained a video.
The Chechen terrorist training video purports to show Mr Deghayes, but Mr Stafford Smith said the man in question was actually Abu Walid, a Saudi who is now dead.The Chechen terrorist training video purports to show Mr Deghayes, but Mr Stafford Smith said the man in question was actually Abu Walid, a Saudi who is now dead.
Mr Stafford Smith told BBC's Newsnight that the Spanish case was based on false evidence and the situation was "dismaying".Mr Stafford Smith told BBC's Newsnight that the Spanish case was based on false evidence and the situation was "dismaying".
"The idea now that they want to use this evidence we've proved to be false to take them for further detention is very worrying," he added."The idea now that they want to use this evidence we've proved to be false to take them for further detention is very worrying," he added.
American accusationsAmerican accusations
Shadow security minister Dame Pauline Neville-Jones said the public had a right to know whether the men would face legal action or be subjected to control orders.Shadow security minister Dame Pauline Neville-Jones said the public had a right to know whether the men would face legal action or be subjected to control orders.
"As it is, we are left absolutely guessing," she said."As it is, we are left absolutely guessing," she said.
The Home Office agreed the release of the three men with the US on 10 December following intensive negotiations.The Home Office agreed the release of the three men with the US on 10 December following intensive negotiations.
Another freed UK resident, Shaker Abdur-Raheem Aamer, is expected to return to his native Saudi Arabia.Another freed UK resident, Shaker Abdur-Raheem Aamer, is expected to return to his native Saudi Arabia.
A fifth UK resident, Ethiopian Binyam Mohammed, will remain at Guantanamo.A fifth UK resident, Ethiopian Binyam Mohammed, will remain at Guantanamo.
The Pentagon insists that all five of the British residents are dangerous.The Pentagon insists that all five of the British residents are dangerous.
The Americans accuse Palestinian Mr El-Banna of being an al-Qaeda recruiter and financier, Libyan Mr Deghayes of associating with al-Qaeda, and Algerian Mr Samuer of being trained for combat in Afghanistan.The Americans accuse Palestinian Mr El-Banna of being an al-Qaeda recruiter and financier, Libyan Mr Deghayes of associating with al-Qaeda, and Algerian Mr Samuer of being trained for combat in Afghanistan.
About 300 prisoners are held at Guantanamo Bay, set up at a US naval base in Cuba in early 2002 after the invasion of Afghanistan.About 300 prisoners are held at Guantanamo Bay, set up at a US naval base in Cuba in early 2002 after the invasion of Afghanistan.