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AP, file
Abu Qatada makes a televised appeal from high security prison in London calling for the release of British hostage Norman Kember in Iraq in a picture released in 2005.
An extremist cleric described as one of Europe's leading al-Qaida operatives should not be deported to Jordan to face trial because of the risk that evidence obtained through torture would be used against him, Europe's highest court ruled Tuesday.
After a six-year legal battle, the European Court of Human Rights ruled that deporting Abu Qatada from Britain — where he is in prison custody — would "give rise to a flagrant denial of justice."
The move means that within days Qatada could apply for bail to be released from the maximum security prison where he is being kept, the Guardian newspaper reported.
Abu Qatada — whose real name is Omar Mahmoud Mohammed Othman — is an extremist Muslim preacher from Jordan who has been described by European courts as a leading al-Qaida figure in Europe.
A Palestinian-Jordanian citizen, Abu Qatada arrived in Britain in 1993 and was detained in 2002 under anti-terrorism laws which at the time allowed suspected terrorists to be held in jail without charge.
Though Abu Qatada was released in 2005, when the unpopular law was overturned, he was kept under surveillance and arrested again within months, to be held pending his deportation to face terrorism charges in Jordan.
While living in Britain, he was convicted in his absence in Jordan of terrorist offenses related to two alleged bomb plots.
ARCHIVAL VIDEO: Feb. 18, 2009: Britain's highest court says extremist Muslim preacher Abu Qatada can be deported to Jordan where he is wanted for two bombings.
Never faced UK charges
Although Abu Qatada has never faced criminal charges in Britain, authorities in the U.K. have accused him of advising militants and raising money for terrorist attacks. He "is a leading spiritual advisor with extensive links to, and influence over, extreme Islamists in the U.K. and overseas," prosecutors told a British court in 2007.
Britain's Home Secretary Theresa May said the U.K. would consider appealing the European court's decision. It has a three-month window in which to make any appeal, the court said.
"I am disappointed that the court has made this ruling," May said in a statement. "This is not the end of the road, and we will now consider all the legal options available to us."
Abu Qatada will remain held in British prison custody while a decision is made, she said.
May has not specified what Britain would do if it loses any appeal, though it is likely Abu Qatada would be freed from prison and monitored under a surveillance program which requires those suspected of involvement in terorrism — but not charged with any crime — to abide by a curfew and wear an electronic anklet.
Britain's Special Immigration Appeals Commission has previously been told Abu Qatada was also suspected of links to a bomb plot in Strasbourg, France, and to the raising of funds for terrorism in Chechnya.
In their ruling, the European judges based in Strasbourg said they did not accept Abu Qatada's claims that he would face ill treatment or torture at the hands of Jordanian authorities if sent there for trial, citing recent agreements between Jordan and the U.K.
But the judges warned that evidence in his case had been obtained by torturing his co-accused.
"The court found that torture was widespread in Jordan, as was the use of torture evidence by the Jordanian courts," the ruling said. "In relation to each of the two terrorist conspiracies ... the evidence of his involvement had been obtained by torturing one of his co-defendants."
Judges said evidence obtained through torture was illegal under international law and was also unreliable. The ruling said "there was a high probability that the incriminating evidence would be admitted ... and that it would be of considerable, perhaps decisive, importance."
Britain's highest court had ruled in 2009 that Abu Qatada should be deported to Jordan, despite fears over his potential mistreatment.
Human rights group Liberty urged the British government to make efforts to have Abu Qatada prosecuted in Britain.
"The case ... constitutes a damning indictment of the Jordanian criminal justice system where torture and evidence obtained by torture are completely commonplace," Shami Chakrabarti, the group's director, said in a statement. "So it is clear that, if Abu Qatada is to be tried for terrorism, this should happen in a British court without further delay."
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The Associated Press and msnbc.com staff contributed to this report.
Leave a Comment:
I suppose England will find a way to keep this mass murdering terrorist supporter locked up.Or bail with locks and chains and 24 hour watching with piped in Israeli music and God Save the Queen and Onward Christian Soldiers This guy is the lowest of the low.He should be put in the zoo with a "foreign terrorist " infiltatator on the cage!!
bart martin-3773750
When he is visiting the zoo he should accidentally fall into a wood chipper. The European Human Rights courts remain an insult to common sense and are a haven for academic wankers. These judges should be posted to Syria for a few months and learn all about Islamic justice and tolerance. This rabid cleric needs to be quarantined for life, if not exterminated.
Complete travesty of justice. What would the British justice system do when somebody inspired by sermons of this preacher blows himself up on a bus or a train in the name of jihad?
The Brits again show why they are regarded as timid and small wienered than any other Nation in the European union!! Why should you care that he will be mistreated? They dont give a damn about the rest of the world except their own religion and their own issues!!!
This Mr. nice guy thing does not work in real life anymore...if it was one of yours on their hands, he'd be dead meat by now....send his ass back to Jordan, and let his fellow believers deal with him...western thinking even though righteous, does not work anymore...we should go back to mid-evil tit-for-tat....things ran so smooth back then; you steal my donkey ribs, I clobber you in the head with a club, as simple as that...no more no less. None of this sissy moves...it makes us look bad
Seems the Brits are often caught up in intellectually-empty high-mindedness. So busy trying to appear as the world's most civilized country, that common sense and logic are thrown right out the window.
The U.K. is quickly becoming a "Safe Haven" for Islamic Terrorist. The Laws in the U.K. look to be more for protecting immigrants than U.K. citizens. This terrorist could be given passage to any country he wishes. The British could then contact the Jordanians giving them the travel schedule of this terrorist. I'm sure they would be more than willing to meet his at his destination.
To the three commenters (who are clearly borderline illiterate) - read the article!
We Brits want shot of this horrific man, we made arrangements get rid of him but we are being stopped by the European Courts. The British Courts cleared him for deportation. We will undoubtedly appeal the decision and hopefully someone in Europe will see sense.
It's not us being timid, small-wienered (I presume this is some genital reference - though what a wiener might be is anybody's guess), intellectually-empty, high-minded or protecting immigrants over our own: it's the Europeans!
And yet you (Doc Holliday especially) can't see this.
This is all in the above article: why is this so incredibly hard for you to spot?
The vast majority of the British want out of the EU and the European (so-called) Justice System for precisely these reasons - we want our laws to be the highest court in our land not some weak stupid limp high-minded liberals in bloody Strasbourg!!! (Especially those from the many countries in Europe who don't have jury trials!)
However, that said, you may prefer the use of torture and detention without trial or charge (surely those are still banned by your beloved Constitution) but some of us stopped being cowboys a long time ago.
Personally, I can't see anything wrong with being a civilized country - listen to what the Pakistanis, Iraqis and the rest of the Islamic (and large chunks of the non-Islamic) World say about America these days - they say 'if this is civilization (referring to Abu Ghraib, Guantanamo, urinating on the corpses of the enemy, etc.) you can keep it'. They see your torture, false imprisonment and corpse-violation with the exact same outrage as you do when you see some of them do it to you.
When your country is a real blood-soaked battlefield, where cities are flattened, and hundreds and thousands die every night, as they were in Britain and Europe during WW1 and WW2 and many other Mediaeval-styled territorial (or honour-based) tit-for-tat wars throughout the centuries you might understand why Britain and Europe in general lost the taste for never-ending tit-for-tat conflicts quite a long time ago. Isn't the conservative estimate for the number of European and British lives lost during WW2 about 50 million?
Presumably it's so much easier to play the armchair general when it's other people's countries, other people's lives and other people's families that you are recommending destroyed?
Of course you also have selective amnaesia: we, small-wienered, timid Brits, stuck with you Americans through Gulf War 1, the invasions of Afghanistan and Iraq long after everyone else gave up; spent (as you put it) much Blood and Treasure, had the second highest troop casualty/ death toll behind the US and this is the abuse we get?
Given the abuse that you Americans regularly heap (often via comment sections like this one) on your most staunchest allies is it any wonder that you're rapidly running out of friends in the world.
And the saddest thing is, I say all this as a regular defender of America (and its many mainly decent people) to so many people I meet/ know who reckon Britain should just cut all ties with your country because it just makes us a target and makes us look bad.
I say kick Abu-Qatada out, ignore the European Court and get rid of him as we have always intended to - good riddance to bad rubbish! - but unfortunately we are still bound by the Rule of Law. Unfortunately, it's someone else's wretched law.
Thank you!! Someone who actually read it!!
Read the article thoroughly, please, the rest of you, before making judgmental comments about the British and the UK in general. It's the fault of the European Court; not the UK. As a member of the European Union, the United Kingdom is subject to the law of Europe and must obey this ruling. Hopefully the appeal will be successful and he will be deported!
Oh, man, when did the Brits become such punks? They need to toss this jerk out and let Jordan deal with him.
The west should not have any relations with countries that use torture, or/ and run by brutal dictators in the first place. Hypocrites!!
To the people saying that the British need to man up, READ THE ARTICLE!! The British want to get rid of him. It is the European Court of Human Rights, an EU organization, that is preventing this. The British have been very good allies to America through our wars in Iraq and Afghanistan and we should try to do better to remember that.
Send him to the bottom of the sea.
One of rare issues on which I'm in agreement with you.
This "court" needs to be discharged - justice demands it! When any branch of government no longer responds to the people and with intelligence, it should be replaced. People are starting to see that government is not representing them, that government only represents monied and special interests.
It's not our (Britain's) Court that's causing the problem: it's the European Court. They've never seemed to be in favour of anything to the advantage of Britain. We, the people and many of the Politicians, have wanted out from their jurisdiction for a long time. The current Prime Minister (Cameron) is trying to find a way out of the whole rotten European Court system.
I have always admired the Jordanians. Their ancient cities are testamonial to a long and enduring culture. Their people are friendly, and among the free-est in the arab world. They are Muslim but not Islamicists. The royal family is modern and progressive and seem genuinely concerned about the future of Jordan. I've been to Petra, Jerash, and Aman (the original Philadelphia).
Don't let this zealot pollute your opinion of Jordan just because he is Jordanian. Avoid the broad brush fallacy in this case because Jordan is a nice place with nice people and a very ancient culture.
Hahaha... I was in Amman for about 3 months in 2009. Don't tell me you didn't notice how badly the Jordanians treated Philippino immigrant workers there. Did you know that the Philippine government put a ban on their laborers going to Jordan due to the rampant abuse they faced? Did you know that 90% of Philippino laborers in Jordan are women hired for domestic services and that rape by Jordanian men is rampant?
They respected the Soviet Union at one point too, but now Russian prostitutes and brothels can easily be found all over the Middle East, including Jordan. I'll never forget going to a restaurant in Amman and seeing old Jordanian men in the company of young European women. At first I thought they had amazing game until one of my co-workers explained to me that the young girls were Russian prostitutes.
I came to realize that Arabs only respect those who have power and the moment that power is gone their superiority complex surfaces. I first realized this when I went there for work and everyone respected me b/c they thought I was from HQ in D.C. When they learned I was just an intern their ass-kissing immediately stopped. I brushed this off as something that happens everywhere, but I kept seeing examples of their superiority complex manifest in the most sickening ways. The saddest was seeing how they treated the Russian and Philippino girls and NO ONE in Jordan would help them. I came to realize that their superiority complex is an institutionalized part of their culture. I'll never forget my experiences in Jordan.
BTW, those ancient ruins are Roman ruins and Petra was built by an ancient people who were not Arab Muslims.
Moose-1188006: Didn't you hear? The Arab Muslims also built the Pyramids, invented toilet paper and water.
Thanks for keeping it real, Moose
Moose,
I presume, in the US, migrant workers (Mexicans, Philippinos, etc.) are always treated with the utmost respect, courtesy and regard for their rights. I presume there are no foreign prostitutes in the US and no elderly Americans can ever be seen with young prostitutes of whatever origin.
And presumably the US and their people show utmost respect to everybody, everywhere, from whatever background (Muslim, Christian, Jew, Hindu, rich, poor, Native American, Mexican, Vietnamese, etc.) at all times and no matter how much or how little power they have.
(Do read the above comments made about your staunchest allies, the British, as small-wienered and timid.... total respect.....)
Well-said!
Ligeti,
What you said about the U.S. is the exception and not the rule as it is in Jordan and the Arab world. It's not a written rule, but I experienced enough during my travels to recognize that it exists. Arabs are devoid of empathy for people they believe are lower than them on the social hierarchy.
Your last line illustrates why your comparison is bullcrap: I'm talking about rape and sexual abuse and you're butt-hurt b/c some American called you "small-wienered." As an American, I can tell you that's often how we give constructive criticism. I'm sure he didn't mean it towards Brits as a people, but is referring to your politicians, and trust me when I say we call our politicians much worse. If it hurt your feelings, then I feel sorry for you.
I'm not butt-hurt (not sure what that actually means - something to do with sodomy?) about being called 'small-wienered' - I have several friends who use C U Next Tuesday as a term of endearment. When you've done manual labouring work you can't get too precious about the language used around you! (But how is 'small-wienered' constructive criticism? The only response to this would be plastic surgery! Constructive criticism is where you tell someone what's wrong and suggest a remedy.)
I read the MSNBC news to find out how the US is viewing the world (and itself); I read the comments to see how Americans are thinking and I find the anti-British abuse that I read amusing, intriguing, irritating and problematic in equal measures.
I doubt you say too much worse about your politicians than we do: remember after 9pm our TV commentators and satirists are unfettered as to language and content about the politicians. And the most respected interviewer (on the most respected current affairs show) treats most ministers with contempt and assumes they're lying as a starting point.
As my feelings weren't hurt there's no need to feel sorry for me; if my feelings had been hurt then surely being sorry to me would have been more apposite. Feeling sorry for me merely makes it sound like you believe me to be beneath you.
Slit his throat, and be done with it! He would do the same to anyone else!
So tired of morons like this idiot being coddled. No country should have to worry about the "rights" of such a dirtbag. It is nneither barbaric or "unprogressive" to get rid of scum like this!
Skipper, England and their Liberal Policies are a prime example of where the USA is heading. We already have people crying, saying George Bush tortured those poor terrorist and we should just let them all go and they will love us . Just wait about another twenty years ,if the liberals get their way we will be in the same boat over here.Judges already over rule ever law the people pass, democracy my ass.
Joe,
What on earth are you talking about? Which 'liberal' policies? Nobody in Britain (not England - England is part of Britain, the same as Texas is part of the US) says let him go: we want to get rid of him back to where he came from, Jordan. The British courts say get rid of him, the British politicians say get rid of him, the British people say get rid of him - it's the bloody Europeans saying we must keep him and coddle him.
As for torture: a) Bush did order torture, b) senior Pentagon officials say information obtained under torture is valueless, c) the Catholic Inquisition said the exact same thing approximately 500 years before that.
Releasing terrorists won't make them love us (I agree with you on that); torturing people just makes many other people turn against us.
And another minor point: British judges don't over-rule the laws the British Parliament passes they interpret them within the guidelines laid down by statute and sometimes create legal precedent where there is scope for interpretation. This may happen in the US but not in the same way in the UK.
However, main point is 'England and their Liberal Policies' have absolutely zero to do with the decision made here. This is all European Judges' fault.
And the sooner Britain ditches Europe the better.
European law takes precedence over UK law, anyway; there's nothing we can do about it! So frustrating. Similarly irritating is the total lack of comprehension in the other commenters, in understanding our dilemma in this situation! Glad to see one other person on the thread with some form of sense.
It seems the European Union is failing its individual countries and stripping them of any power or rights to make decisions for what is good for their own country. Add to that the economic problems and I have a feeling the European Union will not succeed. This story makes you want to scream! Unless they are really keeping him there to keep a better eye on him (although that could have bad side effects) this story is just sickening!
I really don't know why these inbred sons-a-b****es just don't come up missing? "Religious Cleric" my ass. Send him to Hades. The Brits must have been feeding the ingrate pretty well. It looks like he 'filled out' in prison.
Why is Britain listening to the European Court of Human Rights? It is a sovereign nation and should not place itself under some pan-European legal system. They didn't buy into the Euro, and they shouldn't buy into this.
This is the question we British hae been asking for quite some time now: they seem to thwart our common sense and decency (both being possible at the same time!) at every turn. Most British want out and want our laws back. The treaties that have to be sorted out, however, are apparently nightmarishly problematic. I may not agree with my Prime Minister on a number of things but he wants out of the European Courts or repatriation of the final decision back to Britain and I'm wholly in agreement with him on that.
And thank you for saying Britain not England. :)
It is becoming very obvious that Islam and it's teaching inspires death and destruction......''accused him of advising militants and raising money for terrorist attacks. He "is a leading spiritual '' very obvious that those who are the good and devout followers are also the most twisted devious and MURDEROUS BASTARDS on the planet, all while chanting allah akabar! The terrorists are the TRUE MUSLIMS following the teaching of the illiterate pedophile prophet.
I love how this guy preaches hate against the West, derides everthing we hold to sacret (democracy, Individual freedom, women rights, etc) yet when he gets in trouble in his homeland he runs to the West. He is actually using the very system he wants to destoy to save his damd skin!!
It's too bad the victims of idiots like this don't (apparently) have rights.
Muslim clerics across the world support, preach in favor of and aid terrorism, murder and outrageous civil rights violations against any and all non-muslims. Islam has vowed to kill all non-muslims. This is not a radical few; as has been proven again and again, this is the mainstream Muslim view. After the US chased Saddam Hussein out of Kuwait, a poll of Kuwaitis revealed that the majority favored death to non-muslims.
"Fear that evidence will be obtained by torture..." In his case should be required, not avoided, whether information is obtained or not.
But Britain and the US are at war with "terror". Which is merely a tactic of our enemy. It is like saying WWII was a war against "machine guns". Islam is the enemy and terror is only one of their weapons. They say so. Want to honor Islam? Treat them like an enemy and flatten their lands (WWII-style) until they capitulate.
To the Tower with him. Off with his head!
Irony Judges fear that a person who commanded others to torture and cut the heads off of others maybe tortured.
Has society lost all sense of reality.
Has Justice crossed the line protecting the civilian population, by being concerned for this persons well being?
If you believe so then maybe its time to let these so called Judges know how you feel.
Stupid is as stupid does.
It appears on the face of Justice is the blood of innocents due to its complete failure to mete out justice as it is deserved.
So to the Judges you are nothing but a bunch of failures in the eyes of humanity. As humanity cannot exist with monsters like this being defended.
I hope every person in the UK calls for your jobs, as I know I sure would as well as placing in in jail to ensure you never ever had a chance to practice your screwed up sense of law.
So, send him home on a tourist visa and let the authorities welcome him with jewelery.
The people of the U.K. have a responsibility to their way of life..... All should gather together and flush this turd down the toilet.
I love how this guy preaches hate against the West, derides everthing we hold to sacret (democracy, Individual freedom, women rights, etc) yet when he gets in trouble in his homeland he runs to the West. He is actually using the very system he wants to destoy to save his damn skin!! Stupid is as stupid does.The people of the U.K. have a responsibility to their way of life..... All should gather together and flush this turd down the toilet.
I wonder how many countries affiliated with the European Court of Human Rights, which decries Jordan's human rights record and which doesn't want to send this clown back there, does business with Jordan? (read: oil)
One minor point: Jordan doesn't have any oil.
And very little water.
Their main business is tourism.
It's why they try and keep on good terms with most other countries - like Israel.
Maybe they are just waiting for BP to secure more drilling rights in Jordan.
Jordan doesn't have any oil.
And why would the EUROPEAN court have any interest in securing drilling rights for BRITISH Petroleum!
The Europeans hate the British - especially since we refused to take their strange play-money and saved our economy while all theirs crashed.
European Court? What a joke....some how I think they would rather put our troops in jail for pissing on a corpse rather than put a murder in jail.
His rights were violated? Sh!t, WHO gave him rights? HE IS NOT A CITIZEN!
Right now I am very happy that the CIA does not take these POS to the US for trial. We have the same type of dipstick lawyers in the US. I am supprised that these judges even flush a toilet. I mean look at the millions of germs that they are MURDERING. What a bunch of BS.
I am a liberal and I say, kill this guy !! He is a danger to world peace !
What a bunch of crap. Send him back to where he came from amongst his own so they can deal with him in the Muslim way.
Give him life in prison with only Matza ball soup for food.
Europe has lost the battle with Islamic terrorists. Obama wants us to be more like Europe. We are screwed if this jackass gets another 4 years.
What kind of message does the west send to terror groups by coddling and protecting KNOWN terrorists? Why can't we behead them on camera and show the world? Why can't we torture them? They do worse to their enemies...which is everyone apparently.
A christian would have been put to death in any Middle Eastern country for preaching christian jihad against Muslims. But here in the civilized west, we coddle these terrorists and give them more freedoms and rights as the average person.
If it looks like a terrorist, acts like a terrorist and PREACHES like a terrorist, IT is a terrorist. Kill him now because he will kill more innocent people WHEN he gets the chance to.
Make it look like an accident, accidents happen all the time.