Abu Qatada’s Deportation — Legal Matters

Correspondent (Europe)

LONDON - On July 7, 2013, Abu Qatada was finally deported from the UK after a seven year legal battle. The ongoing battle has not only strained the relationship between the UK government and the European Court of Human Rights but has also cost the UK tax payer £1.7 million since 2005.

Abu Qatada, legally known as Mr Othman, was sentenced to life in absentia in 1999 by a Jordan Military Court. Following this, he fled to the UK, sparking the desire for both the UK and Jordanian governments to have him deported back to Jordan to face trial. However, the legalities behind this case meant that it was delayed for a long period of time. There are many reasons why this case has been delayed for so long. Mr Qatada, often described as Osama bin Laden’s right-hand man in Europe, could not be taken to court by the UK Government and charged over his alleged involvement in a 1999 bomb plot in Jordan, as it was not until after Mr Qatada’s alleged offences that the UK parliament passed the Terrorism Act 2000, allowing the government to charge individuals for terrorist offences wherever they take place in the world. Thus it would be against the UK rule of law to subject any individual to retroactive legislation.

However in a new treaty signed by the UK and Jordanian government, the Jordanian government changed its constitution. Meaning that in this case the burden of proof will be on the prosecutor to show that any statements made against him was not obtained by torture. This now meant Qatada could be deported without breaching the ECHR rulings.

With the legal battles still not over, Abu Qatada is expected to appeal the decision by the Jordanian Military Courts with his lawyer, Tayseer Diab who stated shortly after his arrival in Amman that his client had pleaded not guilty to terrorism charges and that he would try to free his client on bail.

Although Qatada has now been deported, the strain he has put the English legal system under may be a catalyst for radical reform, with UK Justice Secretary Chris Grayling promising there would be “wholesale changes” in Britain’s Human rights Laws. Home Secretary Theresa May has also proposed reforms to the immigration bill which would restrict appeals to the ECHR. Furthermore May has said she is working on a British bill of rights for the Tory manifesto, which could open the path for the UK to withdraw from the European Convention on Human Rights altogether.

Image Courtesy: UK Home Office (http://www.flickr.com/photos/49956354@N04/9228824690/), White House Photo by David Bohrer on Wikimedia Commons.

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Ben Pitman

My name is Ben I am a Law student at Cardiff university. As my degree would suggest I come from a strong legal background having worked for a big international law firm Clifford Chance. It was my work with this firm which helped me view law not only in a domestic context, but also understand the global application of Law. It is with this in mind that I was eager to write for the GP which encourages writer to view events in their global context. When I am not writing I enjoy football, windsurfing and country walks with a nice pub at the end.