http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/9064599/Timeline-
Abu-Qatadas-legal-battle-to-stay-in-Britain.html Abu Qatada has fought for nearly 20 years to stay in Britain despite his
suspected links with al-Qaeda.
Abu Qatada wins battle against deportation
Abu Qatada was once described as "Osama bin Laden's right hand man in
Europe" Photo: JONATHAN EVANS
Duncan Gardham By Duncan Gardham, Security Correspondent 4:54PM GMT 06 Feb 2012 The European Court of Human Rights said Omar Mahmoud Mohammed Othman, his
real name, was born in 1960 near Bethlehem, then part of Jordan. Explaining the legal background to his case, the court said he was currently
detained in Long Lartin prison, Worcestershire, pending deportation to
Jordan and was "suspected of having links with al-Qaeda." He had arrived in the United Kingdom in September 1993 and made a successful
application for asylum, in particular on the basis that he had been detained
and tortured by the Jordanian authorities in 1988 and between 1990 and 1991. He was recognised as a refugee in 1994, and granted leave to remain until
June 1998. While his subsequent application for indefinite leave to remain was pending,
he was detained in October 2002 under the Anti-Terrorism, Crime and Security
Act. When that act was repealed in March 2005, he was released on bail and made
subject to a control order under the Prevention of Terrorism Act. While his appeal against the control order was still pending, in August 2005
he was served with a notice of intention to deport him to Jordan. Qatada
appealed against that decision. He had been convicted in Jordan, in his absence, of involvement in two
terrorist conspiracies in 1999 and 2000. The ruling said it was "alleged by the Jordanian authorities that Mr Othman
had sent encouragement from the UK to his followers in Jordan and that that
had incited them to plant the bombs." Qatada claimed that, if deported, he would be retried, which would put him
at risk of torture, lengthy pre-trial detention and a "grossly unfair trial
based on evidence obtained by the torture of his co-defendants." The Special Immigration Appeals Commission (SIAC) dismissed his appeal,
ruling that Qatada would be protected against torture and ill-treatment by
the agreement negotiated between the UK and Jordan, which set out a detailed
series of assurances. SIAC also found that the retrial would not be in total denial of his right
to a fair trial. The Court of Appeal partially granted Qatada's appeal and found that there
was a risk that torture evidence would be used against him if he were
returned to Jordan and that that would violate the international prohibition
on torture and would result in a "flagrant denial of justice" in breach of
Article Six of the European Convention on Human Rights. On 18 February 2009 the House of Lords upheld SIAC's findings. They found
that the diplomatic assurances would protect Qatada from being tortured.
They also found that the risk that evidence obtained by torture would be
used in the criminal proceedings in Jordan would not amount to a flagrant
denial of justice. In the House of Lords ruling, Lord Phillips accepted that a Jordanian court
might use evidence against Qatada that had been extracted by torture and
said there was little doubt that a similar trial held in Britain would
breach his human rights. But he said Britain was "not in a position to regulate the conduct of trials
in the foreign countries from which aliens come and to which they may have
to be deported" and would only be in breach of the European Convention of
Human Rights if there was a "real risk" that Qatada would suffer a "flagrant
denial of justice." On January 17, 2012, the European Court of Human Rights, ruled that Qatada
could not be extradited to Jordan. In a landmark judgment, the court said
that Qatada would not receive a fair trial if he was returned to his native
Jordan where he faces charges that he plotted bomb attacks on two hotels and
providing finance and advice for another series of bomb attacks to coincide
with the Millennium On January 24, 2012, a judge ordered an urgent bail hearing because he had
alread been detained or under effective house arrest for six and a half
years. The decision came as it emerged the UK Government is in urgent talks with
Jordan to secure further assurances that Qatada can fairly stand trial
there, where he faces terrorism charges. On February 6, 2012, a judge decided Qatada should be released. Mr Justice
Mitting released Qatada despite the Home Office arguing he remains a risk to
national security. His defence team had argued his detention of six and a half years while
fighting deportation was unlawful because he did not face any imminent
prospect of being removed. The cleric is wanted in Jordan to stand trial for alleged terror offences
and Home Secretary Theresa May battled to keep him behind bars while British
diplomats continue to seek assurances from the Jordanian authorities that
evidence gained through torture would not be used against him. ==========================================
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Source: http://grendelreport.posterous.com/timeline-abu-qatadas-legal-battle-to-stay-in
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