A Collaboration with the University of Pittsburgh

Muslim cleric Abu Qatada launches appeal with ECHR to stay deportation

Muslim Cleric Abu Qatada [BBC profile] lodged and appeal of his deportation from the UK with the European Court of Human Rights (ECHR) [official website] on Tuesday. He cannot be deported to Jordan until his appeal is answered. The deadline for filing the appeal was late Tuesday night, and his counsel filed just under the deadline. The UK government has been trying to deport Qatada [BBC report] since 2005, but he maintains that in Jordan he will face extended confinement, an unfair trial and the possibility of torture. He is wanted in his home country in connection with terrorism plots, but the ECHR blocked an attempt at deportation in January because there was evidence that Jordanian authorities had tortured [JURIST report] one of Qatada's co-defendants. This latest deportation attempt was expected to succeed with him being handed over to the Jordanian authorities at the end of April [BBC report]. Qatada has been described as "Osama bin Laden's right-hand man in Europe," and UK officials believe he should be kept in prison for national security reasons. However, he has never formally been charged with an offense, and has been in and out of custody either in prison or some form of house arrest. In early February he was released on bail [JURIST report] after he made an application for bail following the ECHR block of his deportation.

Qatada was granted political asylum by the UK in 1994. When he was arrested in 2001 under the Prevention of Terrorism Act 1989, police seized a sizable sum of money in various currencies for which no explanation was given. Later in 2001, he went into hiding to avoid being arrested and detained under the then-proposed Anti-Terrorism, Crime and Security Act 2001. He was arrested again in 2002 and held until March 2005 when he was released pursuant to a House of Lords judgment declaring his detention without trial to be unlawful. In February 2009 the ECHR ordered the UK to pay £2,500 in damages [JURIST report] to Qatada after determining that his imprisonment violated the European Convention on Human Rights [official website]. Despite his previous grant of asylum and fears of torture and persecution, UK Law Lords in February 2009 ruled that Qatada could be returned [JURIST report] to Jordan to face terrorism charges. The February decision overruled an April 2008 Court of Appeal decision blocking his deportation [JURIST report].

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.