Law and Rights
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource page for a catalogue of the steps taken). Recently, a new treaty was signed between the UK and Jordan though this remains to be ratified by both countries - (Law and Lawyers 24th April). At a hearing before the Special Immigration Appeals Commission (SIAC), Abu Qatada's counsel Edward Fitzgerald QC has indicated that Abu Qatada will return voluntarily to Jordan provided that the new treaty is ratified - BBC News 10th May.
A voluntary return to Jordan will have the result that the courts will not, at least in the Abu Qatada case, have to pronounce on whether the treaty meets any objections, under the European Convention on Human Rights, to deportation. Therefore,
it is possible that a challenge to the treaty may arise in some other case. The European Convention (as interpreted by the European Court of Human Rights) prohibits the return of an individual to a State where he may suffer the death penalty or be subjected to torture or inhuman or degrading treatment or punishment or, in Abu Qatada's case, where evidence at a possible trial in Jordan may have been obtained by the torture of others. That interpretation of the Convention has prevailed in Abu Qatada's case.
The Home Secretary (Theresa May) was personally instrumental in the negotiation of the treaty. When it is ratified and if Abu Qatada leaves then she will be able to claim a political victory of sorts though it will not be a victory for her in the courts. She is on record as wishing to at least reform the UK's relationship with the European Convention and would not rule out a withdrawal from it altogether.
In another 'torture-related' development, the UK government has been facing some difficult questions and concerns within the United Nations which monitors compliance with the UN Torture Convention - see The Guardian 9th May. These concerns ought to be taken very seriously and properly answered though the authority of the UN in this area seems to be weakened when a representative of China is critical of the UK. China has a high rate of executions and has refused British requests for reprieves. Reports of torture continue to emerge. The current examination comes as the UK bids for election to the UN Human Rights Council, one of the organisation's key bodies.
- Mohammed Othman (abu Qatada)
Update 4th December: The Government is to appeal the decision of SIAC. As predicted (below), the Home Secretary is not yet prepared to give up the chase! The Guardian 3rd December. --- The most recent round of litigation concerning Mohammed...
- Othman - High Court Ruling
Judgment has been given in R (Othman) v Special Immigration Appeals Commission and others [2012] EWHC 2349 Admin (Hughes LJ and Silber J). The claimant is in immigration detention pending deportation. On 31 July the court heard, expedited, Othman's...
- Pesky Time Limits And Abu Qatada - No.2
On 19th April Law and Lawyers posted on Pesky Time Limits and Abu Qatada. In that post it was argued that when a judgment was handed down on 17th January, it would be 17th April when the 3 month time limit for a party to request a reference to the...
- Pesky Time-limits And Abu Qatada
Updates 20th April In all litigation, lawyers need to pay particular attention to time-limits. They exist for good reason since without them there might be no finality. This truism has arisen in the Abu Qatada case. He has never been charged...
- Theresa May's Trip To Jordan
Update: Abu Qatada talks moving in the right direction, says Theresa May - Guardian 7th March. The Home Secretary - Rt. Hon. Theresa May MP - is in Jordan holding talks with a view to reaching a deal ("assurances") which the British government hope will...
Law and Rights
Abu Qatada may leave UK voluntarily if .....
A voluntary return to Jordan will have the result that the courts will not, at least in the Abu Qatada case, have to pronounce on whether the treaty meets any objections, under the European Convention on Human Rights, to deportation. Therefore,
it is possible that a challenge to the treaty may arise in some other case. The European Convention (as interpreted by the European Court of Human Rights) prohibits the return of an individual to a State where he may suffer the death penalty or be subjected to torture or inhuman or degrading treatment or punishment or, in Abu Qatada's case, where evidence at a possible trial in Jordan may have been obtained by the torture of others. That interpretation of the Convention has prevailed in Abu Qatada's case.
The Home Secretary (Theresa May) was personally instrumental in the negotiation of the treaty. When it is ratified and if Abu Qatada leaves then she will be able to claim a political victory of sorts though it will not be a victory for her in the courts. She is on record as wishing to at least reform the UK's relationship with the European Convention and would not rule out a withdrawal from it altogether.
In another 'torture-related' development, the UK government has been facing some difficult questions and concerns within the United Nations which monitors compliance with the UN Torture Convention - see The Guardian 9th May. These concerns ought to be taken very seriously and properly answered though the authority of the UN in this area seems to be weakened when a representative of China is critical of the UK. China has a high rate of executions and has refused British requests for reprieves. Reports of torture continue to emerge. The current examination comes as the UK bids for election to the UN Human Rights Council, one of the organisation's key bodies.
- Mohammed Othman (abu Qatada)
Update 4th December: The Government is to appeal the decision of SIAC. As predicted (below), the Home Secretary is not yet prepared to give up the chase! The Guardian 3rd December. --- The most recent round of litigation concerning Mohammed...
- Othman - High Court Ruling
Judgment has been given in R (Othman) v Special Immigration Appeals Commission and others [2012] EWHC 2349 Admin (Hughes LJ and Silber J). The claimant is in immigration detention pending deportation. On 31 July the court heard, expedited, Othman's...
- Pesky Time Limits And Abu Qatada - No.2
On 19th April Law and Lawyers posted on Pesky Time Limits and Abu Qatada. In that post it was argued that when a judgment was handed down on 17th January, it would be 17th April when the 3 month time limit for a party to request a reference to the...
- Pesky Time-limits And Abu Qatada
Updates 20th April In all litigation, lawyers need to pay particular attention to time-limits. They exist for good reason since without them there might be no finality. This truism has arisen in the Abu Qatada case. He has never been charged...
- Theresa May's Trip To Jordan
Update: Abu Qatada talks moving in the right direction, says Theresa May - Guardian 7th March. The Home Secretary - Rt. Hon. Theresa May MP - is in Jordan holding talks with a view to reaching a deal ("assurances") which the British government hope will...