May: Qatada appeal lodged too late

UK Home Secretary Theresa May tonight dismissed terror suspect Abu Qatada’s latest bid to avoid deportation as a “delaying tactic”.

His lawyers lodged an appeal with Europe’s human rights judges, effectively blocking the Government’s attempts to deport him to Jordan, just hours after he was sent back to jail.

But Mrs May insisted the radical cleric had already run out of time to appeal over the judges’ original decision which was made three months ago.

Qatada’s legal team claims that judges at the European Court of Human Rights (ECHR) were wrong when they ruled in January that he would not be at risk of torture if returned to Jordan.

The court’s Grand Chamber will decide whether to hear his appeal “soon”, but the radical cleric, once described by a judge as Osama bin Laden’s right hand man in Europe, cannot be deported until the court has reached a decision.

Mrs May told the BBC: “This is a delaying tactic from Abu Qatada. It is a delaying tactic which he chose to use only after he had seen the strength of the Government’s case in the Siac (Special Immigration Appeals Commission) court yesterday.

“The decision as to whether or not Abu Qatada remains in prison will be one that will be taken by the UK courts, if he chooses to apply for bail. Obviously, if he does, we will oppose that bail vigorously, as we did yesterday – we argued for his detention yesterday – and as we have done in the past.

“I want to see Abu Qatada deported. I am absolutely clear that once we have got through this, we will resume those deportation proceedings.

“I want Abu Qatada to be on a plane to Jordan and I know that that is what the British public want. What the Government is absolutely focused on is making sure we can deport Abu Qatada.”

Asked whether the Home Office may have got its timing wrong, Mrs May said: “I am sure that we got the deadline right, because you look at the treaty and what the treaty says is that it is three months from the date of the judgment.

“As you would expect, we have been in touch with the European court over the last three months to check our understanding. They were absolutely clear that we were operating on the basis that it was midnight on April 16. But the final decision is always taken by the panel (of the Grand Chamber).”

A Downing Street spokeswoman added: “As far as we are concerned, Qatada has no right to refer the case to the Grand Chamber, since the three-month deadline lapsed at midnight on Monday night.”

A spokeswoman for the Strasbourg-based court said Qatada’s appeal was lodged at 11pm local time (10pm BST) yesterday, but added: “We cannot comment on the view taken by the UK authorities about when the deadline expired.”

She went on: “The court’s case law says that a referral request must be received by the court within three months from the date of the chamber judgment.

“The applicant has made the request on the ground that the chamber was wrong to decide that he himself would not be at risk of torture if returned to Jordan.

“The fact that we have received a referral request means that the chamber judgment is not final and that the Rule 39 injunction against removal remains in force.”

She added: “A panel of the court will decide whether to accept or reject the appeal soon.”

The latest appeal is separate from any others that Qatada’s legal team may make over yesterday’s decision by Mrs May to continue with his deportation after receiving assurances from

Jordan that evidence gained through torture would not be used against him.

Instead it relates to a different strand of the original decision of the Strasbourg-based court which found that the 51-year-old could be sent back to Jordan with diplomatic assurances that he would not be tortured.

He is currently behind bars after a senior immigration judge ruled his imminent deportation meant the risk he could try to flee while on bail had increased.

But his lawyers have said they will challenge all moves to deport him and Mrs May warned MPs yesterday that it may still be “many months” before Qatada can be lawfully kicked out.

The move comes as the 47 member nations of the Council of Europe prepare to meet in Brighton tomorrow for talks aimed at reforming the court and the types of cases it hears.

Qatada, who is said to have “wide and high-level support” among extremists, was convicted in his absence in Jordan of involvement with terror attacks in 1998 and now faces a retrial in his home country.

He also featured in hate sermons found on videos in the flat of one of the September 11 bombers.

Since 2001, when fears of the domestic terror threat rose in the aftermath of the attacks, he has challenged, and ultimately thwarted, every attempt by the Government to detain and deport him.

Shadow home secretary Yvette Cooper said: “The Home Secretary needs to urgently come back to Parliament to tell the public what on earth has happened here.

“The Home Office are saying one thing, the European Court another. Why didn’t they just agree the deadline in advance so there could be no opportunity for Abu Qatada or his lawyers to exploit?

“We said to Theresa May yesterday that there seemed to be a troubling level of confusion over this process, and so it has proved.

“Everyone wants Abu Qatada deported and held in custody in the meantime, in line with the security assessment agreed by the Government and courts. But we don’t want to see that jeopardised by confusion at the Home Office.

“The ECHR judgment, dated 17 January, says that three months must pass before the judgment is final and before deportation proceedings could begin again against Abu Qatada.

“We need urgent clarification from the Home Secretary on whether she got the timing wrong and why checks were not made with the ECHR, whether Abu Qatada may now be released because of a Government mistake, and what is happening now to ensure this process is put back on track.”