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Bin Laden's 'right-hand man' set for life on British benefits after judges rule deportation would breach his human rights
Last updated at 01:22am on 11.04.08One of the world's most dangerous terror suspects was last night preparing for a life on benefits in Britain after judges ruled that his deportation would breach human rights law.
Abu Qatada, dubbed Osama Bin Laden's "truly dangerous" ambassador in Europe, could be released from jail within months following the Court of Appeal verdict.
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Abu Qatada: 'Mouthpiece of Bin Laden'
Yesterday's decision has left Britain's anti-terror laws in tatters. It means the Jordanian father of five - who has been linked to a string of global terror conspiracies and is held in a high security prison under immigration powers - can expect to receive £1,000 a month in handouts.
The taxpayer also faces a bill of tens of thousand of pounds to keep the hate-filled cleric under 24-hour surveillance by security services under a control order unless a last-ditch Home Office appeal is granted by the House of Lords. Even if it is, Qatada could appeal again, to the European Court of Human Rights.
Yesterday the Court of Appeal said Qatada could stay because evidence used against him in any prosecution in his native Jordan may have been obtained by torture - a breach of the European Convention on Human Rights.
At the same time, 12 Libyan fanatics were cleared to remain in Britain for the rest of their lives by a second human rights ruling. They include an asylum seeker considered a "real and direct threat" to security who had a map marked with the flightpath to Birmingham Airport.
The rulings mean that - despite Tony Blair's promise in the immediate aftermath of the 7/7 attacks that the "rules of the game have changed" - not a single international terrorist has been forcibly removed from this country.
Almost three years on, the only Islamic fanatics to depart are eight Algerians who went voluntarily.
The Home Office had secured a Memorandum of Understanding with both Jordan and Libya, which said that returned terror suspects would not face torture. But judges - torpedoing the much-heralded strategy - said there was no guarantee that the Libyans would not suffer ill treatment or harm in the future.
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Grave doubts must now be cast on the remaining 11 deportation cases before the courts, many of which are understood to involve Algerians. A separate agreement with Algeria - which has an appalling human rights record - has yet to be tested, and could be struck down in the same way as that signed by Libya.
Tory MP Patrick Mercer, who recently advised Gordon Brown on national security, said: "Yet again, terrorists are laughing at us and remaining in this country at the taxpayer's expense.
"Abu Qatada, Bin Laden's twisted mouthpiece, stays with us inside this country. What a shambles."
Shadow Home Secretary David Davis said: "This deals a major blow to the Government's assurances that Memorandums of Understanding are the answer in seeking to deport terror suspects."
The Qatada ruling is particularly devastating for the Home Office, which has been trying to deport the former asylum seeker for three years.
He was first detained in 2002, after spending ten months on the run immediately after September 11.
Ministers had been confident he would be booted out after securing the Memorandum of Understanding with Jordan in August 2005. It gave assurances he would not be tortured or ill-treated.
But, in a ruling which displays the true reach of human rights law, the Court of Appeal said that - while Qatada might not be harmed - witnesses who may be called to give evidence against him in any future trial held by the Jordanian authorities may have been tortured.
The judges said this would be a breach of the right to a fair trial under the European Convention on Human Rights.
Qatada remains in London's Belmarsh jail with other fanatics, including hook-handed cleric Abu Hamza.
But if the Home Office loses an expected appeal to the House of Lords, Qatada will be set free. The Government has no immigration power to hold those it has no realistic prospect of deporting.
Instead, officials would have to rely on placing Qatada - whose wife and children live in West London - under a control order, and hope he does not abscond. A string of international and homegrown terrorist suspects have gone on the run while under the shambolic orders.
The Libyan ruling, handed down by the same three Court of Appeal judges, was equally devastating. It leaves the Memorandum of Under-standing with that country in tatters.
The judges, headed by Master of the Rolls Sir Anthony Clarke, upheld an earlier ruling by the special immigration appeal court that two men known only as AS and DD could not be removed in case the agreement with Libya was breached at a later date.
The men, who had been on bail, were immediately released from any court conditions. Deportation proceedings against a further ten Libyans were abandoned, after officials admitted they had no prospect of success.
The Home Office responded by placing the men under what were described as "strict" control orders, but even the most restrictive conditions would allow the Libyans to roam the streets for ten hours each day.
Last night, Qatada's solicitor poured scorn on the Government, and Tony Blair's deportation promise, which had been part of a 12-point terror plan drawn up in direct response to the loss of 52 innocent lives in the July 7 London attacks. Many of the measures have since collapsed.
Gareth Peirce said: "It is of the greatest importance to us all that there are rules, that they cannot be changed and that they are in no way treated as a game. We welcome the court's decision."
Home Office Minister Tony McNulty said: "The Government's top objective is to keep the public safe and I am disappointed that the courts have found that deportations to Libya can't go ahead for now.
"I am pleased the courts dismissed all but one of Abu Qatada's reasons for appeal. We are seeking to overturn that point, and I believe we will be able to secure his deportation to Jordan and we will push for it as soon as possible. In the meantime, he remains behind bars."
• KEY AL QAEDA FIGURE 'IS DEAD'
An Al Qaeda planner linked to terror attacks in Britain and against British subjects around the world is said to have died near Pakistan's border with Afghanistan.
U.S. officials said intelligence indicated that Obaidah Al Masri had died of natural causes - thought to be hepatitis - and not in a series of recent American airstrikes targeting his hideouts in Pakistan's tribal area of Waziristan.
Intelligence officers said that Al Masri, a trained bomb-maker originally from Algeria, was at the "core of Al Qaeda".
He is known to have been involved in the recruiting of British-born Pakistanis and other "foreigners" for operations in Europe.
A U.S. official said: "Al Qaeda lost something when this man died. He was someone who had ties to operations outside of the South Asia region."
A British official said : "He is not at the very top of Al Qaeda but has been part of the core circle for a long time."
U.S. officials declined to discuss Al Masri's whereabouts when he died.
Much of Al Qaeda's key leadership is believed to be holed up in remote areas of Pakistan near the Afghanistan border.
Reader views (23)
Why should this convicted (note the word CONVICTED) terrorist be allowed to stay in Britain? I agree with Paps - he gave up his rights when he became a terrorist. Yet we have innocent, law-abiding citizens of this once-great country being spied upon by police using counter-terrorism laws, for mundane offenses such as dog fouling. There was even a case of counter-terror laws being used to spy on a family to see if they were trying to get into a school cachement area (or something along those lines ...). What has Britannia come to? It should be simple: If you commit an act of terrorism, you are imprisoned or deported. Simple as.
- Cameron, Redcar, England, 11/02/2009 19:18
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This government is weak because its signed up to the EU, and the human rights act, and as any normal person knows the politicians have no powers in Britain to override the EU laws they have signed up too. Wait until 1st of January 2009 then we really loose the rights to make our own laws.
- Bert, Chard/Somerset, 13/04/2008 22:51
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Who says mass murder doesn't pay.
- Tom, Miami, USA, 11/04/2008 11:40
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This is why Europe is doomed to become Eurabia. They are doing the exact same thing in Denmark, where the courts (spurred on, no doubt, by various human rights groups) are banning the extradition of two Tunesians accused of plotting to kill a certain cartoonist. A cartoonist! Sad to say it, but we are all doomed.
- Chuck Hansen, Copenhagen, Denmark, 11/04/2008 07:03
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The British Government has allowed its people to become slaves to unjust and irresponsible European doctrine and laws, backed by stupid big-brother government at all levels at home. This latest stupidity insults every law-abiding citizen of Britain, including Muslims, its police and security forces, and all those servicemen and women who have died and will continue to die bravely doing the Government's will.
And what a message to send to its allies in the struggle against terrorism, which includes Australia. Taxpayers to pay thousand pound a week benefits! Oh, dear, Britannia, what have you done to your glorious land? Sold its assets and sold out its vaunted heritage and justice system. Please wake up and do something to change this suicidal drift into hell.
- Ted, Melbourne, Australia, 11/04/2008 02:40
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That man and his followers are a cancer on the UK and on Islam. Everyone, and in particular Muslims, should support this vile barbarians deportation. Yet, his "human rights" include a paid entitlement to foment violence, hatred, and murder within the UK.
Have the British lost their way?
- Mr. J, Atlanta, US, 10/04/2008 16:03
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Thanks guys. This really helps. Your brave troops and our brave troops are over there trying to get rid of this sort of pond scum and what do you do? You give him a pension. If I were in Afghanistan or Iraq right this second, I would seriously question why I am putting my life on the line for Britain.
- Brosco Pertwee, Boston Area, USA, 10/04/2008 15:48
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Fingers crossed he and others like him will be victims of Britain's gang culture, instead of innocent boys.
- S-M Hearmon, London, UK, 10/04/2008 15:30
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how about the man who risked his life to help the justice to put Qatada behind bars? Shall he moves country to be safe? Or just maybe it's him who have to deported? what the court will say about it?
- Enrico Fabro, London, UK, 10/04/2008 14:50
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Dont the government know that if you cant deport him back to his country then exile him from ours. Why should we fund his lifestyle when its illegal to fund terrorist activities.
- Cassandra, UK, 10/04/2008 14:48
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This is truly shocking - what about the 'rights' of the law abiding members of the public who are simply going about their business and are killed or injured as a direct result of his actions. And as for the greedy scumbag lawyer defending him - how he can sleep at night amazes me.
- Chris, London, 10/04/2008 14:06
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Why oh why, do we allow this, the judge who ruled this is actually worse than a terrorist for allowing this man to stay.
- P I Staker, london, 10/04/2008 11:50
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What law makes it right for this man's human rights to be placed above those of my human rights? He used his evil to persuade others to kill people like me yet the protects him? Sadly, this isn't an isolated case and normal British people, work hard and pay taxes, pay for people like him and his family to be supported...for life (that's legal fees, healthcare, child benefits, education, housing etc etc). If being a slave to European Law means that British have to endure these kinds of insults, then we should stand and say 'no' to Europe.
- Alex, Brighton, 10/04/2008 11:40
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Don't blame the judges, who are simply interpreting bad law. The law is a mess and the government is to blame. When these cases come to court, who is arguing for the Human Rights of the rest of us?
- David, London, England, 10/04/2008 11:39
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I would comment but I'm currently mourning the death of British justice.
- Terry Wrist, Kentish Town, 10/04/2008 11:22
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Wow - it seems Crash Gordon is not exactly "winning the war on terror" ... What a weak government we have!
- Steveo, London, NW1, 10/04/2008 11:07
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Of course you realize that this ruling means that now no one can be deported from Great Britain. Ever potential deportee can now use this breach of human rights argument.
- Sam S., Berlin, Germany, 10/04/2008 11:00
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With such insanity, words are hard to find. Perhaps is it time to raise the white flag, give up, bow down, and submit to Allah. Western civilization has had a good run, but alas now lacks the collective will to survive. So sad. Our brave ancestors who fought the fascists of the past and allowed freedom to prosper must be rolling in their graves.
- Steve, Montreal, Canada, 10/04/2008 10:20
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It is high time that there was a reduced minimal set of human rights for criminals, terrorists and the like. They have to have consequences applied to their actions.
- Naomi Sajeri, Manchester, 10/04/2008 09:09
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As a Brit and a taxpayer I'm quite happy for our Government to break international law and keep these people out of Britain.
Of course that would require our government to show some balls which is extremely unlikely.
- Dave, London, 10/04/2008 08:55
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Justice System is there to punish the "Guilty" and protect the innocent. If Justice means that it was established to care of the guilty than it is the beginning of the end of the civilization. For than jungle rule will apply with most evil of criminal enjoying their time in this world on good man's tax payment. Has UK become such a wretched place where crime pays and criminals profit...
- Marcus, Hamilton, 10/04/2008 07:07
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After reading this words fail me. What has happened to my country the present government is a laugh and as for the law well what can I say. How does any Judge in there right mind refuse to send this terrorist and others like him back to where they came from.
- Paps, Canada, 09/04/2008 23:45
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Who cares if he is tortured - this animal has no human rights he gave those up the moment he turned to terrorism. I think the judges that made this ruling should be sacked and then arrested for endangering the lives of the British people. They should be totally and utterly ashamed of themselves. Terrorist sympathisers the lot of them.
- Minime, South East England, 09/04/2008 22:29
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