The radical Muslim cleric Abu Qatada faces being deported to Jordan after a landmark ruling yesterday on the Government’s ability to expel terror suspects.

Abu Qatada, sometimes referred to as Osama bin Laden’s spiritual ambassador in Europe, lost his appeal against deportation in a case that tested the Government’s strategy of seeking assurances from North African and Middle Eastern states that deportees in terror cases would not be abused on their return.

John Reid, the Home Secretary, welcomed the ruling.

Gareth Peirce, Abu Qatada’s lawyer, said afterwards that her client, being held in Long Lartin top security prison, in Worcestershire, would seek leave to appeal. If successful, his case could last at least a further two years as it would probably end up at the European Court of Human Rights.

The 46-year-old’s legal team claimed in hearings last May that he would be in danger of torture or ill-treatment in Jordan.

But the Special Immigration Appeals Commission said in its judgment: “We have concluded that there is no real risk of persecution of the appellant were he now to be returned with the safeguards and in the circumstances which now apply to him.”

The ruling effectively endorsed the policy of seeking assurances under “memorandums of understandings” (MOUs), that other countries would not illtreat terror suspects returned to their soil.

The commission’s judgment said that the Jordanians could be expected to observe the MOU in a “transparent and conscientious” way.

The court accepted that senior members of the Jordanian military police had probably “sanctioned or turned a blind eye” to torture in the past. But it added: “The Jordanian Government would have specific interest in not being seen by the UK Government or the public in Jordan . . . as having breached its word.”

The commission accepted that Abu Qatada had “long-established connections with Osama bin Laden and al-Qaeda”. Its panel heard evidence that, three days after the September 11 attacks on the United States, Abu Qatada preached a sermon justifying them as part of a battle between Christendom and Islam, and that worshippers at his mosque in 2002 believed him to be “the head” of al-Qaeda in Europe.

“He has given advice to many terrorist groups and individuals, whether formerly a spiritual adviser to them or not,” the judgment said. “His reach and the depth of his influence in that respect is formidable, even incalculable.

“He provides a religious justification for the act of violence and terror which they wish to perpetrate.”

The commission added that Abu Qatada’s view on the use of violence in Britain had hardened in recent years.

The judgment accepted that if Abu Qatada — real name is Omar Mahmoud Mohammed Othman — were convicted of terror charges he faced in Jordan at a future retrial, he could face a long sentence in harsh prison conditions.

Ms Peirce said he now faced the prospect of trial by a military court using evidence obtained from torture.

Shami Chakrabarti, director of the civil rights group Liberty, said: “Dodgy little ‘assurances’ from regimes that practise torture convince few outside government.”

But Mr Reid said: “It is our firm belief that these agreements strike the right balance between allowing us to deport individuals who threaten the security of this country and safeguarding the rights of these individuals on their return.”

Personal jihad

1960 Omar Othman (aka Abu Qatada) born near Bethlehem

Sept 1993 arrives in Britain on forged United Arab Emirate passport. Claims asylum

June 1994 granted leave to remain until 1998

March 1995 issues fatwa justifying killing of wives and children of “apostates”

May 1998 applies for indefinite leave to remain in Britain. No decision

1999 convicted in absence in Jordan of conspiracy to carry out terrorist acts. Sentenced to life term with hard labour

Dec 1999 announced that jihad had begun

Feb 2001 questioned over links with German cell

Dec 2001 goes into hiding

Oct 2002 found and detained as a risk to national security

March 2004 appeal against detention dismissed

Dec 2004 released on bail

Mar 2005 control order imposed

Aug 2005 detained under immigration powers

Dec 2005 makes video appeal from Full Sutton prison for release of Norman Kember, kidnapped in Iraq

Feb 2007 Special Immigration Appeals commission rejects appeal against deportation

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