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PM losing patience with human rights court as Qatada wins again



David Cameron is considering a temporary withdrawal from the European human rights convention in order to finally remove Abu Qatada from Britain.

The Prime Minister held a ‘council of war’ with senior ministers yesterday to find a way of deporting the hate preacher to his native Jordan to face terror charges, according to sources.

Home Secretary Theresa May, Justice Secretary Chris Grayling and Attorney General Dominic Grieve were summoned for talks at Downing Street shortly before the Government discovered it had lost the latest round in an interminable legal battle to remove the terror suspect.



David Cameron is considering a temporary withdrawal from the European human rights convention in order to finally remove Abu Qatada from Britain



Remaining in Britain? Abu Qatada has won the latest court case today in his long running legal battle to avoid deportation

Sources said Mr Cameron had declared Qatada’s continued presence in Britain ‘intolerable’ and insisted even the most controversial options must be considered.

It is understood that one possibility is Britain temporarily leaving the European Convention of Human Rights – a move which would infuriate the Liberal Democrats and push the Coalition to breaking point.


Appeal: Theresa May had hoped to take the case against Qatada to the Supreme Court

Today the Prime Minister's officials spokesman refused to rule out the option of temproairily withdrawing from the ECHR.


He told journalsists: 'The Government will explore every option in seeking to deport this dangerous individual and that's what we are going to keep doing.

'The Prime Minister met with the Home Secretary, the Justice Secretary and the Attorney General yesterday to discuss the case, I'm not going to get into specifics as to what the Government is considering, as I say, we are going to explore every option.'

European judges have ruled that Qatada would not receive a fair trial in Jordan but Conservative MPs have suggested that the threat of Britain pulling out of the convention would persuade Strasbourg to back down.

The Prime Minister’s decision to put himself at the head of Government efforts to remove Qatada is high risk, since he will now be blamed if they fail.

Mrs May is expected to announce new developments in negotiations with Jordan over his deportation when she makes an emergency statement to the Commons today.

Ministers have been trying for a decade to send Qatada to Jordan, where he is accused of plotting a terrorist atrocity to coincide with the Millennium.

His removal was originally approved by the British courts, only to be halted by the European Court of Human Rights last year.

Judges in Strasbourg said he would not get a fair trial because some of the evidence used against him may have been obtained by torture. Controversially, Mrs May opted not to appeal against this verdict.

Instead, she and her ministers secured personal promises from the Jordanian authorities there would be no use of torture evidence, and began the deportation process again in the UK legal system.

But last November, the Special Immigration Appeals Commission said it was not satisfied with the assurances, and halted Qatada’s removal. The court said it must reflect the Strasbourg ruling.

That decision was last month upheld by the Appeal Court and yesterday the same court refused permission for the Home Secretary to challenge the ruling in the Supreme Court. The Government is to persist with its bid by applying directly to the Supreme Court for permission.




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A Home Office spokesman said: ‘The Government remains committed to deporting this dangerous man and we continue to work with the Jordanians to address the outstanding legal issues preventing deportation.’



Still smiling: Labour and Conservative ministers have been trying to deport Qatada for a decade but have failed

In her statement to MPs today, Mrs May will announce new developments in negotiations with Jordan over deporting Qatada. Home Office minister James Brokenshire is understood to have visited the country to secure fresh assurances that the preacher will be treated fairly.

However, any new agreement would undoubtedly be subject to fresh appeals by Qatada.

At best, it would restart the legal merry-go-round, with the case going back through the British courts – and even returning to the European Court of Human Rights in Strasbourg.

That could allow Qatada to remain in Britain for many years at taxpayers’ expense.

Qatada – who has been linked to a long list of international terrorists – is currently in Belmarsh high-security jail for allegedly breaching his immigration bail conditions. It is feared the longer the case drags on the less willing judges will be to insist Qatada remains in prison and the more likely it is that he will be allowed back out on to the streets.

Esher and Walton MP Dominic Raab, a former human rights lawyer, said: ‘The last government made a major mistake in not deporting Qatada in 2009, when the UK Law Lords gave the green light.

‘Qatada has been running rings around the British justice system ever since. This case shows we urgently need to overhaul the law on deportation, scrap the Human Rights Act and start standing up for British democracy rather than kow-towing to the European Court in Strasbourg.’

Shadow home secretary Yvette Cooper said after today’s decision was announced: ‘A year ago, Theresa May promised Abu Qatada would soon be on a plane.

‘Now it is clear her legal strategy has completely failed. The Home Secretary must tell us urgently what she is going to do now to get Abu Qatada deported or tried, and keep him off our streets.’
KEY EVENTS IN ABU QATADA'S BATTLE AGAINST DEPORTATION
September 16 1993 - The Jordanian father of five claims asylum when he arrives in Britain on a forged passport.
June 1994 - He is allowed to stay in Britain.
March 1995 - Qatada issues a 'fatwa' justifying the killing of converts from Islam, their wives and children in Algeria.
May 1998 - He applies for indefinite leave to remain in Britain.
April 1999 - He is convicted in his absence on terror charges in Jordan and sentenced to life imprisonment.
October 1999 - The radical cleric speaks in London advocating the killing of Jews and praising attacks on Americans.
February 2001 - He is arrested by anti-terror police over involvement in a plot to bomb Strasbourg Christmas market. Officers find him in possession of £170,000 in cash, including £805 in an envelope marked 'For the mujahedin in Chechnya'.
December 2001 - Qatada becomes one of Britain's most wanted men after going on the run from his home in Acton, West London.
October 2002 - He is arrested by police in a council house in south London and detained in Belmarsh high-security jail.
March 2005 - He is freed on conditional bail and placed on a control order.
August 2005 - The preacher is arrested under immigration rules as the Government seeks to deport him to Jordan.
April 2008 - The Court of Appeal rules that deporting him would breach his human rights because evidence used against him in Jordan may have been obtained through torture.
May 2008 - Qatada is granted bail by the immigration tribunal but told he must stay inside for 22 hours a day.
June 2008 - He is released from Long Lartin jail in Worcestershire and moves in to a four bedroomed £800,000 home in West London.
November 2008 - He is rearrested after the Home Office tells an immigration hearing of fears he plans to abscond.
December 2008 - Qatada's bail is revoked by the Special Immigration Appeals Commission (SIAC) after hearing secret evidence that the risk of him absconding has increased.
February 18 2009 - In a landmark judgment, five Law Lords unanimously back the Government's policy of removing terror suspects from Britain on the basis of assurances from foreign governments. It is ruled he can be deported to Jordan to face terror charges.
February 19 2009 - Qatada is awarded £2,500 compensation by the European Court of Human Rights after the judges rule that his detention without trial in the UK under anti-terrorism powers breached his human rights.
January 2012 - European judges rule the firebrand cleric can be sent back to Jordan with diplomatic assurances but he cannot be deported while 'there remains a real risk that evidence obtained by torture will be used against him'.
February 6 2012 - SIAC rules he can be released on bail, despite posing a risk to national security.
February 9 2012 - David Cameron and King Abdullah of Jordan agree on the 'importance of finding an effective resolution' to his case, Downing Street says.
February 13 2012 - It emerges Qatada has been released on bail from Long Lartin prison.
April 17 2012 - The cleric is arrested as the Government prepares to deport him to Jordan.
April 18 2012 - Abu Qatada lodges an appeal - potentially delaying his deportation by months.
March 6 2013 - He is returned to jail over fears the terror suspect was trying to communicate with associates, in breach of bail conditions.
March 27 2013 - Court of Appeal admits hate preacher is 'very dangerous' but rules sending him to face a terror trial in Jordan would not be fair.
April 17 2013 - Home Office says it will take its battle to the Supreme Court.

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