JUDGES are preparing for a trial of strength with the Government over its determination swiftly to deport ten Islamic extremists arrested yesterday.
Charles Clarke described the men picked up in early morning raids as a threat to national security. They included the cleric, Abu Qatada, described as “al-Qaeda’s spiritual ambassador in Europe”, as disclosed in The Times yesterday.
Ministers are determined to get rid of militants who allegedly stir up hatred and the courts have been told not to block plans to expel foreign undesirables. The deportations are regarded as the first test of judges’ willingness to accept Tony Blair’s assertion that the rules of the game have changed.
The Government is planning legislation instructing judges how to interpret the Human Rights Act, it emerged last night. Lord Falconer, the Lord Chancellor, said that the new law would oblige judges to give equal weight to considerations of national security and to the rights of the individual. “All law operates on the basis that if the facts change then the law changes, and the law is going to change,” he said. “We have got to get the right balance and ultimately where the balance lies is a matter for Parliament.”
Lawyers for the ten men and human rights groups warned the Government that it faces a fight that could take up to three years and cost about £2 million.
The raids across England, involving teams of immigration officers supported by 230 police, picked up nine Algerians and the Jordanian cleric. Eight of the men were subject to strict Home Office control orders that amounted to virtual house arrest.
The Home Secretary had signed the orders for the arrests while on holiday in the US. He said: “The circumstances of our national security have changed. It is vital that we act against those who threaten it.”
Seven of those arrested were in London, and one each in Leicestershire, the West Midlands and Luton. Lawyers said one was a double amputee taken from a psychiatric ward.
All the men were taken to top-security prisons at Full Sutton, near York, and Long Lartin, near Evesham, as their lawyers immediately began work on their appeals. They have five working days to lodge their challenge. Any hearing is unlikely to take place until near the end of the year.
For legal reasons The Times cannot name any of the men apart from Abu Qatada. One is alleged to have been involved in planning attacks in France and the United States and a second is a reported explosives expert trained at an al-Qaeda camp in Afghanistan.
Hazel Blears, the Home Office Minister, insisted that the case against each of the ten had been considered very carefully by the security services and the police. The Government is hoping to sign a deal with Algeria to take nine of the detainees. Jordan has agreed not to subject anyone to inhumane treatment.
Without a formal deal with Algeria that the men will not be tortured, it is inconceivable that the courts will agree to their deportation. This arrangement also relies on Whitehall establishing an independent monitoring commission.
Officials said that they were nowhere near finalising membership of the commission. One said: “We need a respected body such as the Red Cross to convince sceptics of its value as an independent organisation.”
The warning that it could take up to three years before the detainees were flown out was made by a senior human rights lawyer, who predicted a legal battle ending with a challenge in the European Court of Human Rights at Strasbourg. He said: “The key issue is that the agreements with states are not binding, and torture and inhumane treatment are routinely carried out by rogue agents and overzealous security agents. How can we be sure these agreements will be met?”
Roger Smith, of Justice, said that he is concerned that the Government could be seen to be “bullying the judiciary”.
The move against Abu Qatada was welcomed by intelligence agencies in Europe, who questioned why it has taken so long to move against him and radical Algerians sheltering in Britain. A French security source said: “In our many inquiries we kept finding our investigation led back to London and Abu Qatada. We have been warning the UK long before the September 11 attacks in America about the threat of Algerian terrorists in Britain.”
Opposition MPs backed Mr Clarke’s move but warned the Government that it would need to ensure that the detainees were not tortured. David Davis, the Shadow Home Secretary, said: “It is vital that the Home Secretary is able to use his powers to deport or exclude foreign nationals who threaten our national security.”
Shami Chakrabarti, of Liberty, said: “What separates us from the terrorists is that we do not torture people or send them to be tortured. Now is not the time for our judges to be cowed by the impudent warnings of populist politicians.”
The Muslim Council of Britain issued a warning against turning a “blind eye” to torture in countries where the detainees may be sent.
THE DETAINEES
The men detained yesterday include:
Abu Qatada: Sentenced to life imprisonment in native Jordan for bombings
A: Algerian, 37, alleged to be member of the banned GSPC (Salafist Group for Call and Combat). In Britain illegally since 1989, allegedly involved in purchase of 19 satellite phones for Chechen rebels
B: Algerian, 33, member of GSPC, lived in Britain since 1994 and allegedly provided logistical support to Chechen fighters. Also allegedly involved in fundraising
H: Algerian alleged to have been trained by Osama bin Laden in Afghanistan. Has refugee status but was arrested in 2002 for fundraising for banned terror groups
I: Algerian who arrived in Britain in 1995. Accused of fundraising. Alleged explosives expert
P: Algerian, 37, who authorities believe was involved with terrorist cells in France and Germany
S: Algerian involved with al-Qaeda and detained in connection with extradition request. Alleged to be involved in planning attacks in France and US
D: Algerian who was freed in September
M: Algerian who arrived in Britain in 1999 from Afghanistan on fake French passport. Accused of links with Algerian extremists
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