Court rules Britain cannot deport controversial cleric

THE European Court of Human Rights yesterday blocked Britain from extraditing an alleged top aide of Osama bin Laden to Jordan, saying evidence against him may have been obtained through torture.

Abu Qatada, 51, a radical British-based Muslim cleric, who has fought a six-year battle to remain in the country, faced a “flagrant denial of justice” if he was returned to Jordan, the court said in its ruling.

The Strasbourg-based court said there was a “real risk of the admission of evidence at the applicant’s retrial obtained by torture of third persons”.

British Home Secretary Theresa May said she was “disappointed” with the decision, but added that Qatada would remain in prison while “all the legal options” are considered.

Abu Qatada, a Jordanian of Palestinian origin, who is also known as Omar Mohammed Othman, is included on a UN list of people associated with the presumed perpetrators of the 9/11 attacks in the US in 2001.

The cleric has been convicted in his absence in Jordan of involvement in two attacks.

The court said his deportation would be a violation of Article 6 of the Convention on Human Rights.

It said Abu Qatada had “presented further concrete and compelling evidence that his co-defendants were tortured into providing the case against him”.

“He has also shown that the Jordanian State Security Court has proved itself to be incapable of properly investigating allegations of torture and excluding torture evidence.”

But the court believed an agreement between Britain and Jordan that Abu Qatada would not be tortured if extradited would be upheld.

Abu Qatada has had political asylum in Britain since 1993, when he came to the country on a forged passport, and been in and out of prison ever since.

Jordan says Abu Qatada conspired to carry out 1998 bombings in the Jordanian capital Amman on the American School and the Jerusalem Hotel.

He is currently being held at Long Lartin prison in Worcestershire.