Richard Ford, Home Correspondent
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Britain’s efforts to deport terrorist suspects including the radical Muslim cleric Abu Qatada were dealt a serious blow by the European Court of Human Rights yesterday.
In a unanimous decision, the court in Strasbourg ruled against an attempt by Italy to return a Tunisian to his home country. The Italian authorities had sought to have Nassim Saadi deported on the ground that he had played an “active role” in an organisation providing support to fundamentalist Islamist cells in Italy and abroad.
The 17 judges decided that sending Saadi back would violate the European Convention on Human Rights because he faced a real risk of torture or inhumane treatment. Britain, which is seeking to send Abu Qatada to Jordan, had intervened in the case in the hope that the court would back the return of suspects regardless of their home country’s human rights record.
Ministers argued that the right of the British public to be protected against terrorism should be balanced against suspects’ right not to be illtreated on their return home. But the court rejected the Government’s argument and ruled that the protection against torture is absolute.
The judgment, from which there is no appeal, binds all countries of the Council of Europe, including Britain.
It also threw into question another part of the Government’s strategy for trying to remove foreign terrorist suspects. Ministers have sought assurances from several North African and Middle Eastern countries that deportees will not be subject to torture or inhumane treatment.
But the ruling said that even if such assurances were given, the European Court of Human Rights still had an obligation to examine whether they provided a sufficient guarantee against the risk of inhumane treatment.
A Home Office spokeswoman said: “The Government is disappointed at the ruling by the European Court. We will consider the judgment.”
Britain has signed memorandums of understanding with “no torture, no ill-treatment” pledges with Jordan, Libya and Lebanon and has a separate arrangement with Algeria.
This strategy is intended to help the Government to deport at least 30 foreign terrorist suspects on national security grounds to countries with poor human rights records. It has been trying to deport them since 2005. Abu Qatada lost a landmark legal fight a year ago when judges ruled that he would face “no real risk of persecution” if he were sent back to Jordan.
He is challenging the ruling in the Court of Appeal and is expected to go to the European Court of Human Rights, which yesterday made clear that it would examine any assurances given in the memorandum of understanding signed by Jordan.
Eric Metcalfe, the director of human rights policy for the Justice group, said: “We welcome the court’s judgment upholding the fundamental principle that nobody should be exposed to torture.”
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The EU has once again demonstrated that in many ways it is a suicide pact and the written treaties little more than suicide notes. Heaven forbid that the inhuman be treated inhumanely by their own countrymen. Perhaps there will be a decrease in the number of terrorist murderers being taken alive. Innocent people would be safer and the Courts docket much smaller.(with fewer opportunities for this sort of mischief) Better yet, just trandsport the terrorist to the courthouse and turn him loose in chambers.
Earl Dewey, Wallingford, USA/CT
If someone rejects the values of the country that has sheltered them, and they plot the violent overthrown of that state, then they forfeit the right to protection by that state. If they fear violence from their own Government then they should be given a limited amount of time to find a suitable alternative country, then deported. This gives them a humane choice.
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DanVox, London, UK
Some it would appear are claiming that the EU and the ECHR are separate. That is only sort of true. Both were born from the ruins of WWll, The ECHR must be financed by the members of the EU, it employs national judges elevated to the ECHR and each new member of the EU must take account of decisions of the ECHR. To say that the two are not joined at the hip is to employ smoke and mirrors. The courts of this country are constitutionally separate, but they are house here, are run by national judges, financed by the people of this country and make judgments within their jurisdiction. They are part of the country. The ECHR, is it separate from the EU? Not in reality!
Keith, Pontypridd, UK
Jordan is an ally in the war on terror and therefore there should not be a problem.
Hamad Lone, London, England
This judgement seems to give a guaranteed exit-proof basis for asylum in the UK.
So why doesn't the government (tough on crime etc) just say "No"? What can this court do to the UK?
Surely when a judgement is at such odds with the safety and quality of life of the citizens of a country (how would 2 million extra asylums seekers to house and feed be managed, or 10?), the European Court has some responsibility? How about requiring their ditribution around Euope especially France?
Paul, Havant, UK
It seems to me the main danger to our way of life consistently comes from our own Government and various EU entities .
Benzo, Nr Chelmsford,
The European Court may be correct - nobody should be subjected to torture. So why is Abu Quatado still in Britain torturing us ?
Rodney Barker, Lincolnshire, UK
Well, this is crazy, but at least they're not allowing Hezbollah's chief propagandist, Ibrahim Moussawi, come and do a talk tour in the UK...oh, wait, that happened yesterday...
Timmy, York, UK.
The European Court of Human Rights is part of the Council of Europe. The UK were a founding member of the Council of Europe following World War II in 1949.
The European Union is a separate organisation (which the UK didn't join until 1973). It has its own court (the European Court of Justice), which is not a specialised human rights court unlike the ECHR.
Other commenters please get your facts straight before criticising the EU!
Ian, Oxford,
All Euro countries have a problem with Islamic terrorists so why can't we all get together and change these laws. Put the law on the side of the innocent European and not on the side of terrorists who have a mind set no more advanced than the Knights Templar.
These rights were drawn up in pre Islamo-facist times and now need to be amended to suit .
The Blairs and co in their arrogance did champion these rights believing that nothing would happen in the UK, but past events have proved them wrong, so these rights must be removed.
Gareth, Swansea,
What is upsetting about this story is not the fact that the terrorist suspects will have to be dealt with in accordance with the rule of law in the Europe, but the statement by the Home Office that "the Government is disappointed at the ruling" safeguarding our basic human rights (whether a European national or not).
Christian, London,
I agree with Barry from Christchurch. This dreadful government of Britain is making its decent people leave as they become sickened by its laws and actions.
The point is simple - Labour, and some Conservative politicians, sold us down the river to these European bureaucrats. The middle class is becoming disenfranchised with very little voice. Either you stand up and take to the streets or Labour will force the middle class into extinction or to leave.
Like a lot of Britons now living abroad, if it comes to a fight I'm coming back - with some scores to settle
Richard, Kiev, Ukraine
Does this give the green light for foreign terrorists to operate in Britain? After all, the worse that can happen to them is to languish for a year or two in a British jail before being released and being put on the dole?
Perhaps Britain needs to declare it's independence from the EU? How can a court in Strasbourg, France decide what is done in the UK? Did we elect them? Are they accountable to us? No! But we will face the consequences of their rulings anyway.
But what ever right? Such idiocy will become even more common when we sign up to the European Constitution.
Phil, Oxford,
The British Electorate have never voted for EU membership, and should not therefore be bound by ANY of it's rules!
Deport ALL foreign criminals, no excuses!
There is obviously a very sinister ,hidden agenda as to why the EU wants thousands of foreign criminals and murderers resident in Britain.
Clive Burghard , LANCING, ENGLAND
Hate to disappoint you Arthur but the EU has nothing to do with this - the European Court Of Justice rules only on the European Convention on Human Rights which Britain signed up to years before they joined the EU and which has zero connection to the EU. So you may want to stop reading the Daily Mail and try and get your facts straight.
joe bloggs, oxford, UK
I think its time the european governments to put limits in the juridiction of this court.The human rights must be protected but other public goods such as security must be protected as well.Its not acceptable a court to make decisions with political dimensions.This job is for the elected governments.
haris, athens, greece
Lunatic decisions by the European Court of Human Rights and we cannot even vote on whether we want to have that court deciding our fate ! So now we are obliged to give care, protection and material support to Islamic fundamentalists who want to kill us. Can we really wait for an election to rid us of this absrd and dangerous government.
Sean, Coventry, UK
Dont you just love the EU.
Arthur, Newcastle,
So there you have it...
Some Joe from some country insults his King/President/Dictator then leaves on the next people smuggler express to the UK. Once here he applies for asylum on the grounds that if he were to return home he would be tortured by above head of state... or its agents.
Bingo, Joe now has a 100% chance of never being shown the door no matter what he gets up to here, including ploting terrorist acts... or insulting our Queen/PM/Blair.
John Pickworth, Blackpool, UK
Just anotehr reason why we need to leave the EU, its holding us back at ever turn.
Mr w Jones, Liverpool, England
It looks like Britian will have to find a litlle rock in the middle of the ocean to put them on. St Georges in the south atlantic comes to mind. You could just release them and leave them to fend for themselves. I wonder if seal and penguin are Halal. Or you could just put the very expensive Chunnel to some good use. Just stick them on the train to Paris and don't let them back in.
Callum Roxburgh, Jakarta, Indonesia
All though we welcome the decision of the court we would also like to point out that there are those who are not representedâ and are kept in Anonymity to the publicâ which suspected terrorist are treated with little or no human rights here in our very Englandâ and I would challenge the government to show that we are ourselves are in fact hypocritical in ignoring that we have acted in the very manner to which we accuse those regimes of depriving suspects of the means of litigation and trail bellmarsh and other prisons have been the hell and psychologically damaging environment endured by those held without trail in Britton and are facing great injustice and violations on a level unacceptable to ordinary citizensâ
Idriss, manchester, Uk
What about the human rights of innocent victims of these potential evil murderers? It proves that these European judges do not live in the real world. How can the 'war on terrorism' ever succeed if terrorists are given human rights that are denied to their victims? It makes a complete mockery of the justice system.
sarah, middlesex,
this is all so wrong. What about the rights of ourselves and our familys to be safe from this evil. THIS MADNESS MUST STOP. Is there no way we can deport them anyway and deal with the consequences from Europe later.
keith, chester, uk
How much longer is Britain going to have The European Court on Human Rights run the country.
I think the government should just resign and let Brussels run the place. The other thought is put on trial for treason greasy Jack Straw, he was one of the
trio that took great delight in introducing this catastrophic rubbish into the country. The other two who should also go down are the Blairs.
Barry Holmes, Christchurch, New Zealand