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Guantanamo detainees out on bail Guantanamo detainees out on bail
(9 minutes later)
Two UK residents released by the US from Guantanamo Bay have been released on bail after appearing in court under Spanish extradition warrants.Two UK residents released by the US from Guantanamo Bay have been released on bail after appearing in court under Spanish extradition warrants.
Magistrates are considering whether to extradite Jamil El-Banna and Omar Deghayes to Spain to face alleged terror charges. Magistrates are considering extraditing Jamil El-Banna and Omar Deghayes to Spain to face alleged terror charges.
The men, accused of being al-Qaeda members in Madrid, will be tagged and placed under curfew.
Abdenour Samuer, who was also held at Guantanamo, was arrested and held in custody but released without charge.Abdenour Samuer, who was also held at Guantanamo, was arrested and held in custody but released without charge.
He was released from Paddington Green police station.He was released from Paddington Green police station.
Feeling 'tired'Feeling 'tired'
Following his release, Mr El-Banna, a father of five, said in a statement: "Thank you very much everybody, my solicitor, the British people, the British government for your help.Following his release, Mr El-Banna, a father of five, said in a statement: "Thank you very much everybody, my solicitor, the British people, the British government for your help.
"I'm tired. I want to go home and see my children.""I'm tired. I want to go home and see my children."
Mr El-Banna was detained under port and border controls and arrested on Thursday morning after questioning at a Dunstable police station. Mr El-Banna, 45, was detained under port and border controls and arrested on Thursday morning after questioning at a Dunstable police station.
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.
Appearing later at the court, Mr Deghayes was also granted bail of £50,000.Appearing later at the court, Mr Deghayes was also granted bail of £50,000.
The actress and human rights campaigner, Vanessa Redgrave, put forward part of Mr El-Banna's surety.The actress and human rights campaigner, Vanessa Redgrave, put forward part of Mr El-Banna's surety.
She said: "I'm glad I'm alive to be able to do this. Guantanamo Bay is a concentration camp. It's a disgrace that these men have been kept there all these years, and today Jamil will be back home."She said: "I'm glad I'm alive to be able to do this. Guantanamo Bay is a concentration camp. It's a disgrace that these men have been kept there all these years, and today Jamil will be back home."
As part of his bail conditions, Mr El-Banna must obey a curfew, live at his home in Dollis Hill, north London, and wear an electronic tag.As part of his bail conditions, Mr El-Banna must obey a curfew, live at his home in Dollis Hill, north London, and wear an electronic tag.
'Terrorist propaganda''Terrorist propaganda'
The surety was paid by actress and human rights campaigner, Vanessa Redgrave, who said it had been a "profound honour" to be able to help.The surety was paid by actress and human rights campaigner, Vanessa Redgrave, who said it had been a "profound honour" to be able to help.
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 and family members gathered outside court.Protesters against his detention and family members 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."
Mr El-Banna is waiting to be reunited with his familyMr El-Banna is waiting to be reunited with his family
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.
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.
'Mistaken identity''Mistaken identity'
Mr Deghayes, 38, and Mr Samuer, 34, were arrested on board an aircraft shortly after it arrived from Guantanamo.Mr Deghayes, 38, and Mr Samuer, 34, were arrested on board an aircraft shortly after it arrived from Guantanamo.
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 a BBC Newsnight investigation revealed 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 a BBC Newsnight investigation revealed 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.
Both Mr El-Banna and Mr Deghayes were among four Guantanamo detainees named in December 2003 by Spanish judge Baltasar Garzon, over alleged al-Qaeda links.Both Mr El-Banna and Mr Deghayes were among four Guantanamo detainees named in December 2003 by Spanish judge Baltasar Garzon, over alleged al-Qaeda links.
Judge Garzon recommended that all four stand trial in Spain, but only two suspects - a Moroccan man and a Spanish national - were extradited. Both were cleared of wrongdoing.Judge Garzon recommended that all four stand trial in Spain, but only two suspects - a Moroccan man and a Spanish national - were extradited. Both were cleared of wrongdoing.
American accusationsAmerican accusations
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 accused 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 accused 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.