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Judges free four terror suspects
Martin Bentham, Home Affairs Editor27.02.09
HOME Secretary Jacqui Smith today attacked immigration judges after they ordered the release of four foreign terror suspects despite fears that they will go on the run.
The four men, plus a fifth who will stay in detention, are due to be deported as a threat to national security and were arrested overnight because of concern that they might abscond before being sent home.
One of them is a 42-year-old Algerian known as Z who came to Britain in 1992 on a visitor visa and overstayed. He was arrested in London in 1997 on terrorism and fraud charges. Chemicals, catalogues showing military equipment, including night vision goggles, radios and rockets, and bombmaking literature were found in his home. He later admitted leading a London group of the GIA Algerian Islamic extremist organisation, which had links with al Qaeda.
Today, however, judges at the Government's Special Immigration Appeals Commission ordered the men to be freed on bail, prompting an angry response from the Home Secretary.
"I am extremely disappointed that the courts have allowed these individuals to be released," said Ms Smith. "My top priority is to protect the public and I have argued that, given a recent ruling by the House of Lords which was favourable to the Government's efforts to deport people from the UK, there is a risk that these individuals will abscond if they are not detained."
She added: "We are bound by the court's decision. These people already face restrictions under their bail but, naturally, we will take any other steps necessary to maintain national security now that they are being released."
The four men were freed because they the Government failed to prove that they might abscond. They are three Algerians, Z, BB and RB, and a Jordanian known as W. An Algerian called U will remain behind bars.
They were arrested after a landmark legal ruling last week in which the Law Lords backed the Government's bid to deport radical cleric Abu Qatada. Like Qatada, the five argue that they are at risk of torture and unfair trial in their home countries.
BB, U and RB are failed asylum seekers, all of whom have been judged by the British courts to be a threat to national security.
Evidence accepted during earlier hearings revealed that U, who was originally detained at Heathrow trying to board a flight to Saudi Arabia wearing a false beard, had direct links to Osama bin Laden and had held a senior position at a Mujahideen training camp in Afghanistan
Despite their known hostility towards Britain, each of the suspects has argued that they would risk torture or other unfair treatment if returned to their home countries.
The Government has struck a "memorandum of understanding" with Jordan and a similar deal with Algeria under which the two governments have committed to protect the men's human rights if they are returned.
Lawyers for the five men had claimed that these assurances could not be relied upon, but the Law Lords' decision over Abu Qatada, which also covered the cases of RB and U, means that the British courts have now accepted that these agreements can be trusted.
Qatada, who has been described as Osama bin Laden's right-hand man in Europe, and the five others will be deported eventually unless they succeed in a final appeal to the European Court of Human Rights.
Reader views (18)
sorry but 'guilty until POROVEN guilty in a court of law'
This is a basic human right that everyone deserves regardless of what we 'think' they may have done.
If you were charge with a crime you would expect to have the right to go to court and plead you case.
This is what makes us different from the Taliban and other oppressive states.
- Stuart, UK
Stupidity at it's worst. These lot will do a runner, get caught then have the 'uman rites morons defend them. Result, they will bring their families here, be given a 2.5 million quid home to live then live on 60 grand a year benefits. Time to kick these judges into touch. Britain is the laughing stock of the world
- Trevn, Abu Dhabi
Radical thought but maybe the judges arrived at their decision because the Government failed to provide sufficient (or any) evidence?
- Ashiq, London, UK
We now live in a country that cannot, or will not, look after it's own best interests. When will common sense ever prevail? Not while we have a labour government is in power, thats for sure.
- David, Fleet UK
we are the laughing stack of europe. many criminals flee here to avoid persecution or jail in their home land e.g abul hanza who critizises our secular society, promotes the actions of alqaida and yet we pay for his upkeep until his appeal trial is heard. what is going on here, noone is protesting against this behaviour?
- Isabel, london
Labour have had over ten years to get this legislation right.
Labour have failed.
Labour isn't working (or two million people are saying they aren't).
Get out Smith. You are inept.
- Tangomike, Kensington, London
Other countries in Europe manage to detain people that they are planning to deport whilst not falling foul of the human rights legislation. We need to change our laws quickly and start protecting the majority of the population rather than giving these terror suspects rights they do not deserve.
- Ian, London, UK
Police and Judges should never be elected.
These are easily influenced by the rich and powerful when the election is coming up.
Kids of the above can run amok knowing that Daddy will get me off
- Dave Blackwell, Snyder, Texas, USA
Great Britain has a long and honourable record of allowing sanctuary to people being prosecuted or hounded in their homeland like Karl Marx. But very astonished that a minister, even if female, can use such languish to degenerate the judicial establishment in a democracy. Recalls recent occurrence in Pakistan and standard practice in some Central and South American countries when the North Americans were running haywire there. Perhaps ministers should be forced to brush up there knowledge in law and constitutional rights before being sworn in? The increasing lawlessness at government levels may reflect the bad influence that Tony Blair brought to 10 Downing Street.
- Derek, Southampton, Hants
It is time that judges and police chiefs were elected
- Steve Byrne, christchurch UK
MAD,MAD, MAD . . . No one to blame but the looney Lefty Labour Government, who after all, are responsible for introducing the ridiculous European Human Rights legislation. . . the core problem in all of this.
Personally, if anything happened to a member of my family because of the actions of these immigration judges, I would be paying them a visit, and it would be their human rights that would be at risk.
- Eoin Mcgreeghan, Derry, NI
So, it's the BNP who are a threat to us - or maybe the labour loonies and the judiciary are the real threat.
- Charles, London
If Mr Brown is in charge then he should stand up and be counted,he is in the position to change the Law.If i was him i would start by cutting back on the salaries paid to immigration judges.
- Stan White, leeds
If ever Osama Bin Laden, or any other of the thousands of terrorists throughout the world, decide to come in from the cold and settle down they are assured of nice kind warm welcome in Britain. Guaranteed thousands in welfare benefits, free housing and other perks. Small wonder Britain is now viewed in many countries as the laughing stock of the world.
- Len, Perth, Australia
So not only greedy and dishonest but proved again to be totally useless and incompetent! I find it incredulous that a Home secretary can state she believes these people to be a threat to the country yet still allow them to live here free! Just who is running this country? Can somebody please tell me ? This woman, who has to be the worst Home Secretary in history, has to be sacked and NOW!
- Duncan Walker, Lucky to live in Thailand
Once again we see: The government cannot protect you. And will not.
- Trunk, US
And who is actually surprised by this? Labour haven't got an absolute clue what is going on in the real world. The suspected terrorists will no doubt be offered large pay outs as 'victims'.
- Veronica Winslow, London
Anyone care to bet which way the EU court will go? Force Britain to house foreign nationals who are violently disposed towards Britain? Of course they will insist that they be allowed to stay. THEIR human rights obviously outweight the Brits who are trying to live their own lives without fear of Mid-east style daily terror on the streets.
- Rogan, Irving
