Fury as Abu Qatada wins token payout over human rights
Martin Bentham, Home Affairs Editor19 Feb 2009
European judges today ordered British taxpayers to pay compensation to radical Islamic preacher Abu Qatada.
In a ruling immediately denounced by critics, the European Court of Human Rights declared that Qatada — previously described by a judge as “Osama bin Laden's right-hand man in Europe” — was entitled to a payout because he had been unlawfully detained in London's Belmarsh Prison.
The decision means that the 48-year-old extremist, who yesterday lost a separate legal battle in the Law Lords to halt his deportation to Jordan, is in line to receive £2,500 from the public purse in the next few months.
The Home Office, which contested today's case, has three months to respond to the decision. It said it was studying the legal details.
Although the sum awarded is far less than some had expected, and will be regarded by some as a token amount, the principle that a man who has been labelled in court as a danger to national security should receive a handout is still likely to prove highly contentious.
The victory for Qatada, who has already cost taxpayers an estimated £1.5 million in benefits, legal fees and prison costs since he came to Britain on forged documents in 1993, follows his detention without charge with 10 other terror suspects at Belmarsh.
The extremists were all being held indefinitely pending deportation under emergency Home Office powers adopted after the September 11 attacks in New York in 2001, until the practice was ruled to be an unlawful breach of human rights by the Law Lords in 2004.
Today's European Court ruling follows a subsequent claim by the men, who include Algerians, a Tunisian and a Moroccan, that they were entitled to compensation for unlawful detention.
At an earlier hearing, the British Government's lawyers told the European judges that the new terror threat after the US attacks had warranted special legislation, including detaining and expelling non-UK nationals believed to have been involved in terrorism.
Lawyers for Qatada argued that conditions for the effective suspension of parts of the human rights code, which guarantees the right to a fair trial, protection from torture, access to justice and non-discrimination, had not been met.
Qatada, a 48-year-old father of five, is still being held in Belmarsh.
He was first arrested in 2002, when an immigration court described him as a “truly dangerous individual”. He was released on bail last summer but was returned to prison in November.
The Special Immigration Appeals Commission said he had given religious authority to numerous terrorists across the world, including those behind the September 11 attacks. He was later bailed under a control order.
Yesterday, the Law Lords said there were no reasonable grounds to believe that Qatada would be denied a fair trial in his home country.
Reader views (92)
That's why muslems love Britain - free cash - free home - free everything
- john, London, 17/01/2012 14:07
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European Court of Human Rights...........
But these clerics aren't right or human
- Dave Morris, Sunderland, 19/02/2009 23:19
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Please! this is beyond stupid.
- Bryan Bennett, australia, 19/02/2009 22:39
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If you enter any country on forged documents, why it is so hard to kick you out?
- Graeme Brown, Austin, Texas, 19/02/2009 21:58
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Just a comment to John Vickers from the USA.
Yes we voted to join the European Common Market. A trade group too pool it's financial clout in the face of the three big bloc that were about then, Asia Japan, the USA ans the Warsaw Pact. We have never ever been asked if we want to be part of a federalised europe. We were never asked to give consent for control of our borders and our laws to be passed to an unelected entity outside of our borders.
Do I think we were right to join the 'Common Market'? Yes I do, but not the monstrosity we have ended up with.
Brussels or the ECHR have no right to say who can and cannot stay in a sovereign country. If we do not want him here we have a right, and if the government believe that he is a danger to the public's safety, they have a duty, to throw him out.
The comment earlier is worryingly accurate, sooner or later, and I think it will be sooner, people in the UK are going to get fed up with all this and take the law away from the courts and into their own hands.
- John Whitby, Peterborough, Cambs, 19/02/2009 21:22
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Sick . . . Sick . . . Sick . . . but not really all that shocking.
I really don't understand why people vote for those Parties that continue to keep us shackled to Europe and all it's nonsense.
- Eoin Mcgreeghan, Derry, NI, 19/02/2009 21:14
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Who paid for and what was the cost of his legal expenses?
- Joe, Thornton Heath, UK, 19/02/2009 17:42
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Could this payment be deducted from all the benefits he has been paid. I think he owes us a great deal more for keeping him and his family for all these years, and can someone tell me WHEN he is going to be deported, I fear that it will take some time and he will disappear into the abyss that is Great Britain by then!!
- Mrs. Pamela Mckay, Dagenham, Essex., 19/02/2009 17:21
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I wouldn't count on the Conservatives to do anything about EU decisions. They've just reinstated the ardent europhile Ken Clarke
- Nick (Expat), Hong Kong, 19/02/2009 17:10
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Wonder what Cherie Blair has to say about this? She was the one who wanted the EU human rights legislation incorporated into English law. Also, what is the point of all the UK courts if the EU can simply overrule them? It's just jobs for the boys, and all paid by the UK taxpayer.
- John C, Helston UK, 19/02/2009 16:57
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This is scary.. I wouldnt have thought this even possible, I am speechless..
- Nicki, Newcastle upon Tyne, UK, 19/02/2009 16:54
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He should be put on a plane right now. Give him the 2500 in small change in a bag labelled swag and just send a copy of the photo to the court judges. They may be right on a point of law, but they are a moral laughing stock. There is no way the UK Gov should spend any more money on this guy. I hope that his family is not thinking of staying at the UK expense.
- Coylum, vancouver, Canada, 19/02/2009 16:54
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We should tell the EU where to stuff their Human Rights Laws.
- Ron, Guildford, UK, 19/02/2009 16:53
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The whole thing is a shambles and the fault lies with the political correct Labour party and the EEU. Labour does not understands common sense and the EEU are not representing European citizens only non euro illegel aliens. They wonder why people like me hate the whole political system that causes me nothing but suffering !
- Joe, Swanley Kent, 19/02/2009 16:52
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Now is the time to execise some common.
Seventy years we fought a war against European domination.
Now they expect us to fund the enemies of this Country who wish us dead.
- Bernard Parke, GUILDFORD, 19/02/2009 16:49
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You cannot pick and choose to whom the provisions of the Human Rights Act shall apply - the Act seeks to protect all comers and the independent judicary has to make judgements ignoring what public opinion might believe and say. As much as I deplore the manner in which this man has behaved towards this our Nation whilst he has been here statute cannot give way to predjudiced and opinion for there lies a sure fire route to, injustice
- John, Leighton Buzzard, Beds, 19/02/2009 16:49
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Abu Qatada and his ilk will only get booted out of the country when the nu-labour project is consiged to the scrap heap where it rightly belongs. We need a Government that will stand up for the rights of the law abiding people in this country and not pander to the wishes of the neo-liberal facists who have been in power now for far too long.
- Ray Lane, London UK, 19/02/2009 16:43
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Thats right take some more of my hard earned tax and give it to the terrorist,he seems hard-up carrying his buy one get one free morrisons bags.
- Matt, yorkshire, 19/02/2009 16:43
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Proper procedures should be followed, as Grant Neville, London says. However, there must be something wrong with the procedures. If he entered the UK on a false passport wouldn’t the proper procedure be for him to be detained at the airport and evicted on the next available flight, as would happen in any other country in the world? If the passport was not immediately discovered to be false, he should have been deported when it was, irrespective of any other considerations.
- Percy, Chipping Campden, England, 19/02/2009 16:39
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Why focus your anger on this one man? Focus on those millions of British voters who voted for joining the EU and then, to show that they really were stupid, voted Labour into power in 1997. Meanwhile, I am going to read the Bible if I can now find it in the re-arranged Leicester City Library.
- Ossie Taylor, London, UK, 19/02/2009 16:39
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Tell the EU to shove that where the Sun doesn't shine!
- Rogan, Irving, 19/02/2009 16:36
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Strap a parachute on his back and chuck him out of a C130 over Jordan.. bon chance scumbag!
- James Ritchie, Oyster Bay Cove, NY, USA, 19/02/2009 16:34
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This is an example of a case that is 100% right in law and 100% wrong in morality.
If the massive chasm between the interpretations of law and human rights of our (often unelected) rulers, and the desire for natural justice by the vast majority of the people continues to widen, something will snap, and it could have disastrous effects.
There is no way British citizens should be forced to accept in our society, and much less finance from our public purse, dangerous zealots who desire nothing other than the wholesale destruction of our way of life.
This is irrational and toxic liberalism - and it is heading for a VERY big fall.
- Danny, London, 19/02/2009 16:27
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They do things by half in Italy, they'd do away with these 'types' once and for all - and hard!
- Cally, London, 19/02/2009 16:14
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Perhaps a return to traditional English values is long over due, says Dan.
Aint no perhaps about it, says I.
- D Woodstock, London, 19/02/2009 16:12
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Yes we have with out a doubt gone mad.
- C.Bloodworth, Newark Notts., 19/02/2009 16:12
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Perhaps if we were to insist he repays the benefits that he should never have been entitled to (before he gets his compensation) we may find he would leave all by himself....and in a hurry!!!
- Cb, London, 19/02/2009 16:06
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Ben Farrell.....OH DEAR.
"Just because someone rapes, or kills, or spreads hatred, or blows up buildings, they still maintain their human rights."
ARE YOU JOKING??? if you violate someone else's human rights, or KILL them completely, then yours are lost.
You can't just behave however you like but deserve all your human rights.
- Kate, London, 19/02/2009 16:01
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Human Rights! He's not human.
- Jenny, Christchurch,, 19/02/2009 15:58
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You're all missing the point.Even if we deport him, his family are still here,forever.
- Martin, London, 19/02/2009 15:56
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It is time to end "Political Correctness" and "Human Rights" defences in cases such as these. The man is a terrorist - plain and simple!
Send him back NOW, sue his state for the costs of his period of asylum in the UK... PLUS INTEREST!
If you want to be protected by PC and Human Rights laws, you should live by them! If a court can prove you have not, then you should automatically waive you right to protection under their umbrella!
Let's all wake up and smell the TEA, shall we?
- Bryden Lloyd, Northop, North Wales, 19/02/2009 15:51
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Here's an idea. Deport him now. We can't pay money to someone who is in prison in another country. It’s not really the money, it’s the principle here. He probably has already cost millions in court fees already. In the US this guy would have been frogmarched out the country as soon as he opened his mouth. This guy is laughing at us all, and who could blame him!
- Paul, London, 19/02/2009 15:51
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This man won't be deported, so will the gov. keep an eye on him? Has he suddenly decided that the British are a 'jolly good' bunch and stop his ranting? I doubt it. He's playing the system in the same way as that other lot in the news. This country has gone mad, and I wish we could leave. We reward bad behaviour - whether it's terrorists or children having children.Madness
- Clare, Essex Uk, 19/02/2009 15:45
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INNOCENT UNTIL PROVEN GUILTY!! I believe he is definately innocent as the government hasnt been able to charge him of anything through the courts. The government has given enough money to their lawyers and all sorts but still nothing. However the last resort is to deport. Why is this???
It is because they want to get rid of him one way or another. The government lost in the courts and they couldnt put him in prison.
- Mo, UK, 19/02/2009 15:39
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Kick him out. Now. First plane to Jorden. He is NOT the UK's responsibility. Let him sue the government for the £2500, from Jorden.
- Andy, Reading, UK, 19/02/2009 15:38
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give him the £2,500 has he steps off the plane in Jordan
- Terry Roels, codicote, uk, 19/02/2009 15:33
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I think it is pathetic that we(UK citizens) have to pay for this individual whom does not care about hurting others. Tough procedures are strongly required.
- Ibrahim Saheb, Manchester, 19/02/2009 15:31
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'Fury' of whom? This newspaper? If so, we the readers couldn't care less. If it's a portrayal of the public, then fine- oh, and cite some sources.
- Grant Pain, London, 19/02/2009 15:25
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So 3% taking the ES poll think this lunatic should receive compensation. Unbelievable - talk about the enemy within. All invited and encouraged by this traitorous excuse for a government.
- Andrew Ellis, Leaving the sinking ship England, 19/02/2009 15:23
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I could not care less whether these extremists are tortered or not. What about our human rights or do they not count. What should happen any money he has whether awareded as compensation or his legal aid should be taken off his benefits this would happen if the person is English. He and his ilk should all be deported whether they are born here or not take their British passport off them they are not loyal to Britain. Choudary although he was born in England he can be deported to his ancestral home he is not wanted here either. Ask for the idiot in Lebenon he should be locked away for good. I am sure these internet sites can be closed down we should have a full time team taking these sites off the internet or better still interferring with the site so that it reads harmless matter. Extremists are cowards and bigots they have no intention of learning about our traditions or culture they call us infidels among other things yet they no nothing about our faith.
- Jacqui Williams, peterborough cambs, 19/02/2009 15:21
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perhaps now he can afford to stop shopping in morrisons !
- Simon Bucknell, enfield, 19/02/2009 15:19
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Pay the man with a 1st class ticket to Jordan
- Harry The Bull, London, 19/02/2009 15:16
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The comments reveal a despair and a sense of powerlessness in the face of a political and legal system that ignores hardworking and rational citizens. This simmering resentment against the liberal establishment will sooner or later find expression in the form of a political leader with courage and vision. But the abuse of the public's intelligence and purse will have to get worse. And it will.
- Ron Oldham, Bournemouth United Kingdom, 19/02/2009 15:11
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Human rights laws were created by the West. They are human laws that can be changed or broken! These rights should not be held above common sense. This individual does not deserve our protection. He does not deserve the £50000 a year in benefits or the £800000 council house he is living in! He came into this country on a fake passport. Isn't that grounds enough to deport him?! He preaches hate against the UK yet takes its money?! We need to stand against this sort of nonsense and do something about it before it's too late! We need to bring back a society that punishes the wicked and rewards the good. Anyone with me?
- Graeme, London, 19/02/2009 15:08
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Thankfully I have a New Zealand passport and can leave this country. This would not happen in New Zealand and no wonder the exodus of us British to New Zealand and Australia continues in record numbers!
- Philip, London, 19/02/2009 14:54
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Harvey: this is not per se an EU matter. It is a matter for the European Court of Human Rights i.e. the Court of the Convention (Russia and Turkey, for example, anr also bound by its rulings in international law). However, if Britain ever left the Convention (which its lawyers were instrumental in drafting) then it would also need to leave the EU: which would no doubt cheer you: but there is a very good argument that the benefits of the Convention far outway the downsides. Like you, I find this sticks in the throat: but don't throw the baby out with the bathwater!
- Alan, London, 19/02/2009 14:50
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Pay him in instalments £10 a year.
- Albert Hall, hove england, 19/02/2009 14:46
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We claim that the society we are trying to protect against Qatada's likes is based on rule of law and fundamental rights and freedoms. If it is then he is entitled to protection just as much as the rest of us - if we deny him those rights because we disapprove of him (and by golly I do) then we have nothing worth protecting against him. Far too many people complaining about this don't seem to understand that point - it is fundamental and non-negotiable. You never know when you might need to rely upon those rights which are fast being eroded for us all anyway.
- Michael, london, 19/02/2009 14:46
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This is a welcome judgment. It is quite clear that Mr Qatada's human rights had been breached in a most appalling manner, and the European judges have assessed this situation with wisdom, clarity of thought, respect for human dignity, and further shows us why we need to more fully united with our European partners. The next thing Mr Qatada needs is for his deportation to be quashed, to receive a full pardon, a generous bounty and be restored to the life he enjoyed before imprisonment. Anything less would be a complete travesty of justice, which I'm sure will be met head on by the wise men of the ECHR.
- Richard, London, UK, 19/02/2009 14:43
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This just reinforces that the country we now live in is the European Union. Nobody wanted it, but on the other hand only a few protested. Whenever William Hague raised the issue as Conservative leader, the polls indicated that the British public considered it a minor issue and didn't mind the U.K. becoming an E.U. province. There was a time when the U.K. could have been preserved as a country. Barring the people as a whole standing up on the issue, the U.K. qua country is now history.
- Phil Jones, London UK, 19/02/2009 14:40
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Let's deport him to Brussels and see what happens
- Nore, London, 19/02/2009 14:25
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@ Grim Reaper:
I live in Europe and don't hear any of the EU laws being quoted in Britain ever finding a mention over here. Is it Britain mis-applying EU rules do you think? Are the politicians benefiting in some perverted way out of this?
- Viola, Duesseldorf, Germany, 19/02/2009 14:21
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Hey Guys stop whining. You all said yes to joining the European common market. If you had stayed independent this would never have happened. You joined, you must obey. I did not agree with joining so I left to go to USA. I look back daily and weep for all of you left behind. Where oh where has that sceptred island gone? Gone to rot with every one. (with apologies to Pete Seager.)
- Jon Vickers, SC USA, 19/02/2009 14:18
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If Legal Aid was not granted to such ridiculous cases to support the myriad of leeches in the legal profession then this kind of judgement would not happen; I suspect that we have much more of these cases because of the availability of Legal Aid which I am sure is not available or so readily granted in the EU
- Michou, Buckhurst Hill, 19/02/2009 14:18
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This is it. The EU is just pissing all over us. When the Conservatives get into power, we MUST renegotiate our membership.
- Ken, Bexleyheath, 19/02/2009 14:16
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Someone needs to re-write the Human Rights laws?
Enough is enough!!
- Mario Kempe, london, 19/02/2009 14:13
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This is outragous!! The compensatation is just the tip of the iceburg. How much were the legal aid fees, let alone the benefits mentioned. Is it any wonder that people are turning to the far right.
- Jeremy E, London, 19/02/2009 14:12
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Just means two things, Britain should have never voted for useless Labour then we would have been free from Eu and their twisted legislation. Its too late, the people of UK have dug their own grave by voting for Labour.
- Rt, Orange City, 19/02/2009 14:12
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At least we'll be a day closer to leaving this stupid EU. 35 Years ago I was only just too young to vote. Let us vote now.
- Martin H. Watson, teddington, 19/02/2009 14:10
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We must be the laughing stock of the World, we're even paying people to kill us. What next? This is truly sad.
- Geoff, In the country, 19/02/2009 14:06
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OUTRAGEOUS
You have to wonder what bad news is out there that the government wants to distract us and it only cost them (I'm sorry us) 2,500 pounds
- Steve Byrne, christchurch UK, 19/02/2009 14:05
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Alex, you have no shame! How could you possibly admit to
being a life-long Guardian reader!
We now live in a country that is quite incapable of looking after it's own interests. It's pathetic.
- Dee Jay, Fleet Hampshire, 19/02/2009 14:03
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Absolutely ridiculous. So much for European justice. The only possible answer is "No" - and put him on a plane ASAP.
- David, Washington DC USA, 19/02/2009 13:57
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Don't let your country be run by do gooders, someone with a backbone please stand up. You have a great country but are sitting idly by while the politically correct dismantle its very soul bit by bit
- Mike Murphy, Ireland, 19/02/2009 13:57
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This is a farce, a foreign court decided that his detention without trial breeched his human rights, thereby awards him a cash payment, taxpayers cough up once again.
In the meantime the highest court in this country decreed that he is to be deported.....Great, the right decision has been made.....But hang on, he is going to appeal this decision through the European Court of Human Rights, and this could take up to two years.
In the meantime he will continue to take advantage of the British hospitality and live the life of Riley, at taxpayers expense.
Its about time that British law was respected,and do away with this human rights rubbish. Isn't it about time that we demanded a referendum on the EU?
- James, B'kara. Malta, 19/02/2009 13:56
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Yet another reason to be out of the EU.Bet if this happened in France they would revolt.
- Harvey Lawrence, london, 19/02/2009 13:55
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The issue here is the way the UK Government locks people away without following proper procedures. You would think they would of learnt by now that due process MUST BE FOLLOWED AT ALL TIMES... THE UK Government is not above the UK law or European Law...
- Grant Neville, London, 19/02/2009 13:53
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Why do we wait for approval,if you are going to deport anybody! do it,too much shilly shally.
- David,Chertsey, Chertsey.UK., 19/02/2009 13:50
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Perhaps a return to traditional English values is long over due.
- Dan, London, 19/02/2009 13:49
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JUST SAY NO!
- Trunk, US, 19/02/2009 13:44
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Just tell them to "Boris" off.
- Charles, London, 19/02/2009 13:41
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Perhaps people's anger should be directed at this stupid government who introduced the law that locked him up in the first place. They continually introduce laws which are ill-thought out and half-baked.
Perhaps if ministers were personally liable for such compensation claims they would refrain from macho politics and save the taxpayer some money
- Tony, London England, 19/02/2009 13:36
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Am sick of politically correct thinking and the prats who employ it for powers to protect people like him. We should rid our country of him and all like him. The PC brigade are wrong, they should protect our England, not terrorists... and to add insult to injury protect him with our hard-earned taxpayers cash. What a waste. What prats! In fact the PC brigade should go with him!
- Linda, LONDON ENGLAND, 19/02/2009 13:34
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This story is making me lose the will to live...
- Sarah Bradshaw, Enfield, Middx, 19/02/2009 13:29
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This man entered the country illegally.Preached hatred against the white population. He and his family sponged off the British taxpayers for huge amounts. His legal defence has cost is a fortune and now WE have to pay him compensation.
What a mad, mad country we live in!!
- Charles, Stanmore. London, 19/02/2009 13:29
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As a life-long Guardian reader, even I have to agree that this judgment is beyond belief. What "human rights" would this deluded creature give to anyone he disapproved of? The tangle of current legislation is over-due for radical pruning, as is the bureaucracy that goes with it, quangos and all. We mustn't wait until the day the last NHS nurse is replaced by a management consultant, or IT "expert".
- Alex Mckenna, Manchester, 19/02/2009 13:10
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EU rules UK. And there is nothing that we can do about it.
- Grim Reaper, Hell, 19/02/2009 13:09
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I agree with Ethan, let's see if he really is kicked out.
Chances are the 'bleeding heart's brigade' will ensure he is not.
- Je, London, 19/02/2009 12:41
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Wasn't it the Tories who granted this man asylum, in 1994, what's their take on this!
- Harry, London, 19/02/2009 12:34
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I don't care how politically incorrect this sounds - deport the lot who are like this.
- Thomas, London, England, 19/02/2009 12:17
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Depressing, makes you want to cry.
- P Staker, London, 19/02/2009 12:06
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Absolutly disgusting,how about the human rights of the host countrys public ie the infidels that he has encouraged others to kill etc,he and his family are living of benefits in a country thay entered illegaly.Ok the british Government should now do one more illegal act and drag him and his whole family onto the next avaliable plane to jordan with out delay.
- Kev, London-UK, 19/02/2009 11:46
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Poor European taxpayers, paying for your own demise.
- Stephanie, Raleigh, North Carolina USA, 19/02/2009 11:44
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WHAT ABOUT MY HUMAN RIGHTS HAVING TO LOOK AT HIS UGLY FACE ALL THE TIME ON THE NEWS!!!!!!!!!!!!!!!!!!
- Jonny, London, 19/02/2009 11:38
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The fact is, human rights are human rights. They are not determined by behaviour. Just because someone rapes, or kills, or spreads hatred, or blows up buildings, they still maintain their human rights. Gordon Brown and the ultra liberal left have decided that in the UK that equals lots of free money and a massive houses. Who is the real criminal in this scenario - the person taking advantage of the loop-holes, or the person who put the loop-holes there in the first place?
- Ben Farrell, London, 19/02/2009 11:16
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The money spent on that individual could have been better spent on heating for pensioners or providing support for people who want to work but have lost their means of support.
- Dr C R Westwood, crawley uk, 19/02/2009 11:13
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Decisions like these only pour fuel on the fires of racial hatred the goverment should tell the European Court of Human Rights to 'do one' and kick him out today
- Tony, England, 19/02/2009 10:46
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I just ridiculous
ther are people that is just blind, and stupid!!, he is a danger to this great country, and we the tax payers we cannot longer support these type of people.
NO MORE!!!!! I want my money back, I don't want to support this govement anymore
- Henry, UK, 19/02/2009 10:46
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As usual the UK is a laughing stock ,would the Prime minister and home Secretary plase resign now over this matter,enough is enough .
- Alan Eldridge, Swindon U. K., 19/02/2009 10:33
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What other country but the UK would put up with this farce! NONE
- Sandra, Nottingham UK, 19/02/2009 10:13
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This person has ripped of UK enough and our Legal system should have a backbone and say Enough is Enough. COMPENSATION NO Get rid of him and the rest of the people who have supported him.
Compensation I received a broken back working for the protection of the public, lost my job, life,along with family stress and children and received £120000
not £1.5 million and I don't own a £800,000 home either
Correctness gone wrong
- Andrew N, Highlands Scotland, 19/02/2009 10:01
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Prediction - not only will he NEVER be kicked out but he will also be made a millionaire (if he isn't one already thanks to mysteriously HUGE benefits) by taxpayer funded compo.
As regards HMG it's as well to recall that those whom the gods wish to destroy they first make mad.
- Ethan, UK, 19/02/2009 10:01
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Tonight:
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