Judges rule that, despite Jordanian assurances, Islamist cleric faces risk of trial based on evidence obtained by torture
The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.
The ruling by the special immigration appeals commission (Siac) is a major setback for the home secretary, Theresa May, who personally secured assurances from the Jordanian authorities that he would not face a trial based on evidence obtained by torture.
Mr Justice Mitting and the two other senior judges who allowed Qatada's appeal said despite those assurances a real risk remained that he would face a trial based on such evidence. They said changes needed to be made to the Jordanian criminal code before they could be satisfied that the risk no longer existed.
The Home Office expressed immediate disappointment, saying the judges had applied the wrong test: "The government strongly disagrees with this ruling. We have obtained assurances not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial.
"Indeed, today's ruling found that the Jordanian judiciary, like their executive counterparts, are determined to ensure that the appellant will receive, and be seen to receive, a fair retrial'. We will therefore seek leave to appeal today's decision."
But the Siac ruling makes clear that while the judges agree that the Jordanian assurances mean Qatada, whose real name is Mohommed Othman, will not face ill-treatment or torture, they could not be satisfied that previous evidence obtained by torture would not be admitted at any retrial.
Qatada, who has waged a seven-year fight against his deportation, has previously been described by the British courts as "a truly dangerous individual at the centre in the United Kingdom of terrorist activities associated with al-Qaida".
The ruling is a blow to the home secretary's renewed strategy of deporting international terror suspects with diplomatic assurances about their future treatment. May travelled to Jordan to negotiate the fresh assurances, but without the legal backing of British judges the deportation cannot go ahead.
- Abu Qatada
- UK security and terrorism
- Global terrorism
- Jordan
- Middle East and North Africa
- Terrorism policy