Radical cleric wins deportation appeal

Nov 12, 2012, 10:17 AM EST

LONDON (AP) — A radical Islamist cleric described by prosecutors as a key al-Qaida operative in Europe cannot be deported from Britain to Jordan to face terrorism charges, judges ruled Monday in the latest twist in a protracted legal saga.

Britain's government has been attempting since 2001 to expel radical preacher Abu Qatada, who has previously been convicted in his absence in Jordan of terrorist offenses related to two alleged bomb plots.

Though the country's Home Office said it intended to appeal against the decision, Judge John Mitting granted the cleric bail and said he would be freed from prison on Tuesday — despite a claim from a government lawyer that he poses a major security theat.

Abu Qatada, a Palestinian-born Jordanian cleric whose real name is Omar Mahmoud Mohammed Othman, was convicted in Jordan over terror plots in 1999 and 2000, and he will face a retrial if deported there from Britain.

Britain's government has insisted it has won assurances from Jordan over how Abu Qatada's case would be handled — including from Jordan's King Abdullah II, who met with Cameron last week, but judges said there was a real risk that evidence obtained through torture would be used against the cleric.

In a ruling, Britain's Special Immigration Appeals Commission, which handles major terrorism and deportation cases, said it was not convinced that Jordan would guarantee Abu Qatada a fair trial.

It endorsed the January ruling of the European Court of Human Rights, which said that "not only is torture widespread in Jordan, so too is the use of torture evidence by its courts."

"The government strongly disagrees with this ruling," Britain's Home Office ministry said. Home Secretary Theresa May was scheduled to address lawmakers on the issue later Monday.

Abu Qatada remains "an enormous risk to national security," government lawyer Robin Tam told Monday's hearing.

Prosecutors in British and Spanish courts have previously described Abu Qatada as a senior al-Qaida figure in Europe who had close ties to the late Osama bin Laden.

British government lawyers have previously accused him of links with Zacarias Moussaoui, the only person charged in the United States over the Sept. 11, 2001, terrorist attacks, and with shoebomber Richard Reid. Audio recordings of some of the cleric's sermons were found in a flat in Hamburg, Germany, used by some of the Sept. 11 hijackers.

Authorities first attempted to deport Abu Qatada in 2001, and then detained him in 2002 under anti-terrorism laws which at the time allowed suspected terrorists to be jailed without charge. Though he was released in 2005 when the unpopular law was overturned, the cleric was kept under surveillance and arrested again within months to be held in custody pending his deportation to Jordan.