Sean O’Neill, Crime and Security Editor
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Secret negotiations have taken place to arrange the release from a British jail of one of al-Qaeda’s most important operatives in Europe, The Times has learnt.
The prisoner, who can be identified only as U, is expected to be released from the high-security wing at Long Lartin jail next week.
Appeal Court judges ruled in April that the man, a 45-year-old Algerian veteran of al-Qaeda’s Afghan training camps, should be freed on bail. But discussions between security agencies and U’s lawyers became deadlocked over the conditions restricting his movements and whom he can meet when he leaves prison.
The authorities are understood to have sought bail terms more stringent than the 22-hour curfew imposed on the radical cleric Abu Qatada when he was freed last week. These conditions would require U to spend all his time indoors.
Security agencies blocked requests for U to live in London claiming that he has extensive contacts among extremist Islamist groups there. They also objected to an address in Brighton. U will be required to wear an electronic tag, subjected to round-the-clock monitoring and forbidden to use the internet or a mobile phone.
When the agreement is finalised the details will be passed to a judge who can release U from the prison in Worcestershire without any further court hearing. The Home Office refused to comment on the situation beyond saying it was seeking “the strictest bail conditions” possible.
While Abu Qatada is a preacher whose role in the al-Qaeda network is to justify and encourage jihad, U is alleged to be a terrorist leader who recruited, trained and facilitated operations. Members of his group, which was formed with the personal approval of Osama bin Laden, have been convicted in the US of a plot to blow up Los Angeles International Airport in December 1999 and, in Germany, of a plan to bomb the Strasbourg Christmas market a year later.
U, a studious figure with a reputation in prison as a bookworm, arrived in Britain in 1994 and claimed asylum on the ground that he had been ill-treated in Algeria.
Between 1996 and 1999, according to the Special Immigration Appeals Commission (SIAC), he was based at al-Qaeda’s Khalden training camp in Afghanistan where he formed a cell of north African terrorists tasked with exporting jihad to the West.
He then returned to London and ran his operations out of the Finsbury Park Mosque, then under the control of Abu Hamza al-Masri, and maintained close contact with Abu Qatada.
Mr Justice Ouseley said in one SIAC ruling that U “had a wide range of extremist Islamic contacts inside and outside the United Kingdom. He was involved in a number of extremist agendas. By being in the United Kingdom he had brought cohesion to Algerian extremists based here and he had strengthened links with the terrorist training facilities in Afghanistan and Pakistan.” In February 2001, several months after the Strasbourg bomb plot was foiled, U was arrested at Heathrow airport as he tried to board a flight to Saudi Arabia with fake passports. At addresses linked to U they found fake credit cards, a telescopic rifle sight and other terrorist paraphernalia.
But rather than prosecute U in the British courts, the authorities agreed to an extradition request from the US where one of his recruits had given detailed statements implicating him in the plot to attack Los Angeles airport.
The informant, Ahmed Ressam, was to have been the key witness against U until he withdrew his statements in 2003. Two years later the US abandoned its extradition attempt but, rather than release or charge U, British authorities sought to deport him to Algeria. In a memo to Algiers in March 2006, officials wrote of U: “Senior position in Mujahidin training camp in Afghanistan. Direct links to Osama bin Laden and other senior AQ (al-Qaeda) figures. Involved in supporting terrorists including those involved in the planned attack on the Strasbourg Christmas Market in 2000, and an earlier plan to attack Los Angeles Airport.”
SIAC judges later ruled that there were “credible grounds for believing each of these assertions” and rejected his appeal against deportation.
But that decision was overturned by the Appeal Court. As with Abu Qatada, the courts ruled that if U could not be deported, there was no legitimate reason to detain him indefinitely.
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cant chuck him out where is going to claim benifits
scrivens, cardiff,
Recently a judgement was made preventing witnesses giving evidence in camera, thereby allowing the accused to see his accusers. And yet this man is given anonimity, why are we British Citizens, denied the right of knowing who this person is?
Mike C, London, UK
So, "if it looks like a duck, sounds like a duck and acts like a duck", it really is an "ill-treated" member of an oppressed segment of a foreign population and requires political asylum.
OK, now I've got it. I am sure he will turn up soon in some Deobandi mosque as a "spiritual advisor".
Jason, Dundee, USA
Cold comfort to see the Appeal Court judges observing the maxim "Better 100 guilty men go free than an innocent be hanged". How do they sleep at night after denying U poses a risk?
Murf Oscar, Sydney, Australia
This case is of such critical significance to the public safety, why does the government not fly in the face of the judiciary and deport him to Algeria, or wherever, to face whatever fate he may and boldly take the consequences with their lordships, the EU,the UN, et al?
Bill Thomas, Toronto, Canada
Warren, I do not support 'terrorism' by both US/UK soldiers or Islamists. My comment was from a neutral point of view. Why do we never look at the view from both sides?
jayil, london, uk
Does this mean the UK is no longer on the side of the US in this war?
Joe Stillwell, Singapore, Singapore
Our parents' generation suffered tens of thousands of deaths rather than give up their freedoms to fascists or communists. If our generation is prepared to surrender its freedoms through Parliament to avoid the risks of an odd bomb plot or two we do not deserve and will not keep our liberties.
peter harris, London, England
Jayil
Recently several British soldiers approached an Afghan man and asked him in his own tongue what he was doing (in the wrong place). Their bravery and their humanity got them killed. Would you have had that courage and that humanity?
Warren, Whitstable, UK
I see Jayil seeks equivalence. There is none. I hope since he supports the murder of Britons in Britain he planning to
leave and not avail himself of any benefits of living in the UK. Or perhaps he is 12.
Adam, Bury, UK
Have you noticed how terrorists in the UK seem to live off welfare?
Just an observation.
J Harker, London, UK
The suicidal urges of the West are simply without historical precedent in the face of the jihadist danger. Too many of our good citizens refuse to recognize the existential threat to our political system, religion and culture posed by revanchist Islam. Fight or die. There is no other choice.
Martin, Miami, USA
"What about the rights of UK citizens to not be blown up by the likes of this non EU individual" -- D Nick Ashley, Huntingdon, England
What about the right of Iraqi/Afghani citizens to be not blown up by laser guided missiles and smart bombs by British/US soldiers?
jayil, london, uk
Why is it that France, Germany and most of the rest of Europe, all signed up to the Human Rights Charter, have no problem in deporting their undesirables, without being confounded by a huge human rights industry that has grown fat in this country, with the compliance of a weak and senile judiciary.
Martin, Watford,
Its time judges were judged.
Cromwell, Leeds, England
What about my human rights to be able to live peacefully and without threat to my life from foreign fanatics? What about my right to expect my government to protect me from this threat? But then again I don't have a government on my side, I'm white, male, law-abiding, straight and solvent.
David Craig, Glasgow, Scotland
The British government seems to delight in enabling further terrorism.
Bill Channon, Francestown, United States
Why are we so diplomatically weak that we can't deport and say tough apples to the resulting furore.Sending someone back to the country of their birth is hardly rendition. Our supposed moral superiority leaves us at great risk unlike the
the systems of the French the Germans etc etc.
Guy, Liverpool, UK
Sorry why wasn't a dangerous criminal deported? He has no business being here. Deport him with all his relations. And if our law will n ot allow it there is something wrong with the law.
Chris, Blackpool, UK
He should of couse be immediately deported to Algeria. I'm sick and tired of our government pussy footing around because they introduced the much abused human rights act. What about the rights of UK citizens to not be blown up by the likes of this non EU individual?
D Nick Ashley, Huntingdon, England
If it can't be proven, then it is mere allegation.
Tim, Toronto,
Wake up now Britons - your ' leaders ' are showing their true colours !
I got out 30 years ago when the rot started !
OZ, Perth,
Who are these Appeal Court judges and who is appointing them? When a senior Al Quaeda leader can be freed on bail to live amongst the law abiding citizens of the UK something has gone very very wrong. Or am I missing something that only the liberal elite can understand?
Steve, Woking, UK
what kind of country do we have now? the politicions are too bothered filling their pockets then making proper rules to deal with these scum.dont blame judges they only interpret the law.
watson, taunton, england
he should be deported along with hamza and the hate preacher as well as their families the money saved on their benefits and the houses that will be vacated could go a long way towards the gurkhas who want to live here and who would be appreciative of what this country has to offer
shirley, goole, UK
it is obvious it is not the judges and politicians
that are having sons and daughters killed
by terrorists.The people in the armed forces
must wonder why they are risking their lives
when terrorists are free to walk the streets.
roy, caloundra, australia
Deport him back to the Country where he was born. He had the chance of starting a new life here and blew it. Law abiding citizens have Human Rights to, we don't want him here.
Stone, Enger, Germany
So terrorists can keep their identities secret but innocent witnesses cannot.
We must be able to deport these people. And we should be able to deport ALL the foreign criminals. The murderer of two innocent girls hide in his native Trinidad. We seem to be the worlds trash dump.
Guy, Liverpool, UK
Don't blame the judiciary it was this stupid Labour government who signed up to the humane rights. The arrogant fools were warned of their folly but could not get the bill through fast enough.
Labour still blame the economy for their woes failing entirely to see the 11 year catalogue of errors.
D Case, Newquay,
Viv, London: There is no need to 'name and shame these judges', their judgements are public. The evidence against this individual is clearly inadmissible otherwise U would have been charged by now. His 'release', locked in a house for 22+ hours, is hardly v different from being imprisoned anyway.
Emma , Cambridge, UK
He should be deported if he can't be charged. He has no right to be in our country. He has no manners and has abused our hospitality. If he doesn't like the way Algeria is he should make it better just like our ancestors made our country a decent place in which people like him want to come and live.
william Haines, northwood,
I simply cannot understand how Labour have managed to create an asylum system that puts the rights of foreign terrorists who hate us and want to kill us above the rights of British citizens.
Rather than fix this obvious problem they'd rather introduce new laws to discriminate against white men!
Ian, London, UK
Political asylum should only be granted on the grounds that the person is desireable in this country.
The moment they put a foot wrong, and become undesireable, we should deport them and let the Devil and the Human Rights Act activists go with them.
Alan, Glasgow, Scotland
Send him to Guantanimo!
Dean, Southampton, England
Can we name and shame these judges please? There are some serious flaws in our judicial system if people such as this are allowed out of prison. Any terrorist or criminal actions commited or facilitated by these men while out of jail should lead to the judges prosecution as complicit in the crimes.
Viv, London , England
No wonder the Germans cheered when Hitler threw the judges and lawyers into Dachau.
ed hummer, London,
MJ you are right.
This man was arrested in '01. He has not been charged with any offence but has remained in prison, and they're pushing throw the 42 day rule?
Whatever happened to the presumption of innocence?
We don't believe what the Govt tells us, yet we know this man is a terrorist?
Jon Dawkins, Bristol,
Our legal system and judiciary are not fit for purpose.
David Cartright, Birmingham,
Do not blame the Judiciary, the entire blame rests with the politicians who have given away our ability to pass our own law for our own purposes.We are now world's sink hole for every version of primitive extremism, where these snakes have the saftey they seek to deny us.We are naked.
robert everitt, wolverhampton,
To Krista, Tim Crook, and MJ, Tokyo. Come down from those heights of sanctimony and join the real world. Of course there is evidence, sufficient to warrant extradition. The question is admissibility of the evidence within a UK court. Hence the failed attempt to extradite him to Jordan. Now he's out
Robin Hughes, London, UK
It seems that the courts are now defining who is a terrorist and who is going to get welfare payments while planning attacks on British citizens. Great system. I can see why so many terrorist want to be in the UK.
Gene, Gebüg, Germany
Seven years without charge? I think that all this article says to me is that they don't have enough evidence to do anything, and they've kept this guy in prison "hoping" to come up with the evidence they simply never had. And they want us to believe this guy is Al Queda? Laughing Out Loud.
Krista, London, UK
Why is U's identity secret and why does he remain anonymous? If the lawyers and judges know who he is, why are we denied the knowledge? Isn't this detention without charge, and trial, and secret justice? And this is a legal process that has gone on for 7 years? Are we supposed to be proud of this?
Tim Crook, London, UK
Absolute betrayal of the people they are supposed to serve and protect. The judiciary and the Govnt. are the true criminals here. When they no longer reflect the will of the people they lose any right to govern/pass judgement in our name. They are the real terrorists.
Chris, Bristol, England
How come the USA and Germany can get convictions on his 'team' and we can't even kicked the sod out I? If we've got evidence of wrong doing then put him on trail and lock him up legally, then send him back to where he came from and deal with the consequences later.
Susan, Barry, S Wales
From U's case, it is clear that asylum system is being misused and does not serve its purpose!
Judicial system has failed to protect law abiding citizens from potential terrorist acts by treating issues on technicalities!
What justice courts have given to those affected by terrorist acts?
Krishna R. Kumar, Udupi, India
Phill, The Wirral: You are so right - there are alternatives. Why do we allow these people to laugh their heads off at us? We once had a first-rate judicial system but it is now a mockery. Keep these bums in jail, or deport them to some country that will. Free them? Never.
Maria, San Francisco, USA
All of this further goes to show that our soldiers are dying in vain. They're trying to make Iraq and Afghanistan a better place and yet our law system is setting free the very people they're fighting against. How about the MOD decides on prisoners and we send the Law Lords to fight instead?
Mark, London,
Why didn't we let him board the plane for Saudi and made sure he didn't come back? A quiet word with the Saudis would seem to have been appropriate. Instead Britain is becoming a midden for the world's terorists. Once they're in we can't get rid of them - yet we can send our own men and women to be murdered in Iraq and Afghanistan by their associates. Madness, madness.....!
John Hampden, Glossop, England
If there is all this evidence against the man why cant he be charged in the proper way?
The present procedure reeks of the days of the Star Chamber.The politicians talk of Al Queda as if it is a corporate entity while in fact it is probably only a political movement of sympathisers
tim hardacre, London , UK
"claimed to be...."
"thought to have..."
"claiming that he has..."
This is important. If there was evidence that he was guilty of a crime, he would not be released. When did we start locking people up becuase of "claims or thoughts"?
Get a grip everyone.
MJ, tokyo,
Can't anyone see how they use our judicial system to their advantage and at our expense. They draw welfare subsidies not because they cannot work but they find it amusing to spend their days planning jihad against us while their host country--which they despise--pays for their living expenses.
Ron, Dallas, USA
why cant we just deport him as an undesirable. he had a fake passport, not something easy and certainly not done by law abiding citizens.
joe, Edinburgh, Scotland
If I were in charge of the security forces the last thing I'd do is put these terrorists in front of a British Judge.
There are alternatives.
Phill, The Wirral, England