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Spain warrant for Guantanamo man Spain warrant for Guantanamo man
(about 3 hours later)
A British resident released by the US from Guantanamo Bay has been arrested under a Spanish warrant.A British resident released by the US from Guantanamo Bay has been arrested under a Spanish warrant.
Jamil El-Banna, 45, has been undergoing questioning at a Luton police station. Jamil El-Banna, 45, was questioned at a Luton police station and will face an extradition hearing later.
The police said he was being held on a European Arrest Warrant alleging terrorist-related offences, issued on behalf of the Spanish authorities.The police said he was being held on a European Arrest Warrant alleging terrorist-related offences, issued on behalf of the Spanish authorities.
Two other freed men, Omar Deghayes, 38, and Abdenour Samuer, 34, were arrested under the Terrorism Act on arrival and are being questioned in London. Omar Deghayes, 38, and Abdenour Samuer, 34, were also freed but arrested under the Terrorism Act on arrival in the UK.
Aircraft arrest
Mr El-Banna will appear in custody before the City of Westminster Magistrates' Court on Thursday.
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.
Aircraft arrest
A Metropolitan Police spokesman said Mr El-Banna had not been charged under UK law, but the European Arrest Warrant meant it was their duty to arrest him and present him to court.
He will appear at the City of Westminster Magistrates' Court in central London, where protesters against his detention are planning to gather.
He could now face lengthy court hearings and a possible trial in Spain if the extradition goes ahead.
His lawyer, Clive Stafford Smith, accused the government of lying about the three men's release.
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 Clive Stafford-SmithLawyer for the menThe idea now that they want to use this evidence we've proved to be false to take them for further detention is very worrying Clive Stafford-SmithLawyer for the men
Another freed UK resident, Shaker Abdur-Raheem Aamer, is expected to return to his native Saudi Arabia. "To do this when they are so close to home and their families, I think, is reprehensible.
A fifth UK resident, Ethiopian Binyam Mohammed, will remain at Guantanamo. "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.
"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.
'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.
They remain in custody at Paddington Green police station in central London, with Mr Deghayes also facing possible extradition to Spain.
Fight extradition
The lawyer for the men, Clive Stafford-Smith, earlier told BBC's Newsnight that the Spanish case was based on false evidence.
Two of the men were taken to Paddington Green for questioningTwo of the men were taken to Paddington Green for questioning
He said the situation with Spain was "dismaying" and they would fight any attempt to extradite them. They remain in custody at Paddington Green police station in central London, with Mr Deghayes also facing possible extradition to Spain.
"The fact that the Spanish actually were behind this wrongful detention in Guantanamo Bay is something they should be ashamed of," he said. 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 idea now that they want to use this evidence we've proved to be false to take them for further detention is very worrying." 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".
"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
The Home Office will review the immigration status of the three men after agreeing their release with the US on 10 December following intensive negotiations. Shadow security minister Dame 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.
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.
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.