Britain blocked from extraditing top aide of Bin Laden to Jordan

The European Court of Human Rights yesterday blocked Britain from extraditing an alleged top aide of Osama bin Laden to Jordan, saying evidence against him may have been obtained through torture.

I am disappointed that the court has made this ruling. This is not the end of the road, and we will now consider all the legal options available to us

Abu Qatada, a radical British-based Muslim cleric who has fought a six-year battle to remain in the country, faced a “flagrant denial of justice” if he was returned to Jordan, the court said.

The court in Strasbourg said in its judgement that there was a “real risk of the admission of evidence at the applicant’s re-trial obtained by torture of third persons.”

British interior minister Theresa May said she was “disappointed” with the European court’s decision but Mr Qatada would remain in prison while “all the legal options” are considered.

Abu Qatada, a Jordanian of Palestinian origin who is also known as Omar Mohammed Othman, was once labelled the late Al-Qaeda leader’s right-hand-man in Europe by a Spanish judge.

The 51-year-old is included on a UN list of people associated with the presumed perpetrators of the September 11, 2001 terror attacks in the United States.

He has been convicted in his absence in Jordan of involvement in two terror attacks. Amman has repeatedly urged London to extradite him.

Jordan says Abu Qatada conspired to carry out 1998 bombings in Amman, Jordan on the American School and the Jerusalem Hotel.

He also funded a terrorist network known as Reform and Challenge (Al-Islah Wal Tahhadi) which was dismantled in 1999, but received an amnesty for those charges. The court said however that it “finds that there is a real risk that the applicant’s retrial would amount to a flagrant denial of justice” – a violation of Article 6 of the Convention on Human Rights.

It said Abu Qatada had “presented further concrete and compelling evidence that his co-defendants were tortured into providing the case against him.

“He has also shown that the Jordanian State Security Court has proved itself to be incapable of properly investigating allegations of torture and excluding torture evidence.”

But the court also ruled that it was confident that diplomatic assurances between Britain and Jordan that Abu Qatada would not be tortured if he was extradited would be upheld.

Abu Qatada has had political asylum in Britain since 1993 when he came to the country on a forged passport, and been in and out of prison ever since.

In August 2005 he was arrested in preparation for his extradition following a request by Jordan.

He was released on bail in the summer of 2008 but returned to prison in November the same year over fears he would try to abscond.

He is currently being held at Long Lartin prison in Worcestershire, central England.

In London, Ms May said the British government would study its options.

“I am disappointed that the court has made this ruling.

“This is not the end of the road, and we will now consider all the legal options available to us,” she said.

“In the meantime, Qatada will remain in detention in the UK. It is important to note that this ruling does not prevent us seeking to deport other foreign nationals.”