David Byers
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A Home Office plan to deport terror suspects back to Libya is in tatters today, after an immigration court ruled that they could face an unfair trial and even torture if sent home.
In a crucial test case, the Special Immigration Appeals Commissions (Siac) today ruled that two Muslims should not be deported because they faced the possibility of human rights abuses in their home country.
Despite confirming that he was unable to deport them under the European Convention on Human Rights (ECHR), Mr Justice Oseley, the Siac chairman, revealed today that the men were a threat to national security.
His statement described one of the suspects, known in court as DD, as a known "global jihadist" who was found with a map containing Birmingham International Airport's flight plans when he was arrested.

The other, known as AS, was believed to be a known "Islamic extremist" with clear links to jihadi groups.
His decision represents a serious blow to a memoranda of understanding signed by Colonel Gaddafi, the Libyan dictator, and the UK in October 2005, in which Libya had pledged not to mistreat anyone deported from the UK to the north African country. By signing the document, the Home Office had hoped to get around the ECHR regulations which prevent suspects being sent to any country which may torture or abuse them.
The men were the first the Home Office had tried to deport since the deal was signed, and the ruling appears to dash hopes of any further extraditions.
Mr Justice Ouseley said that - despite Colonel Gaddafi's promise - there remained a real risk that the ECHR could be breached if the two men were removed to Libya.
"There is also real risk that the trial of the appellants would amount to a complete denial of a fair trial," he added.
He accepted, however, that the men posed a risk to Britain, adding that DD was a "real and direct threat" to national security and a "global jihadist with links to the Taliban and al-Qaida." The Government claims he is brother-in-law of Serhane Fakhet, who blew himself up in a raid by Spanish police after the March 2004 Madrid train bombings, while another brother-in-law, Mustapha Maymouni, is serving 18 years in a Moroccan prison for his part in the Casablanca bombings which killed 45 people in May 2003.
When detained in October 2005, he is alleged to have possessed a map marked with the flight path to Birmingham International Airport in central England.
"The markings might have been for reconnaissance purposes, but might have a wholly innocent explanation," the court's ruling said.
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Now all the terrorist organisations will know that if they sent terrorists form Libya, Algeria or any countries that upheld death penalty or maybe practice touture will not be deported. If they died, it is for the cause. If they live, the State will pay for their maintenance and their children (probably bigoted UK citizen) will then blow us up one day. Wonderful country. UK.
S, London,
This makes no sense at all,but then again,very little that governments are doing today makes sense.
ron, toronto,
What are we waiting for? Another successful terrorist attack or half-a-dozen before we get real with these people and adopt a vigorous policy for defending the UK and its law-abiding citizens against such evil people?
Tony, Hastings, England
this is what was expected when we allowed blair to incorporate the echr into our law. A do gooders dream. How I would love members of the families of seac to be injured in yet anotherer islamic incident. These seac people care nothing for any of britians inhabitants. They must be destroyed along with the echr and all who sail in her.
barnesy, leicester,
Can't we legally force Mr Justice Ouseley to foot the bill for the round-the-clock surveillance of these terrorists? That would be real justice!
Janet, London,
My idea is to question - 'What are rights?' Shouldnt we have the right to be protected under the law?
In our / Western minds we have freedoms and rights > mainly to be protected by the law and to abide by the law of the land, so that others may be protected.
The confusion come when in these guys minds / the terrorists / - they believe that they also have the 'right' to follow their religious beliefs - to cause harm to us / in order to bring us under their religious beliefs / rule or control.
What good are human rights if we are not alive? The right to be protected under the law must take precedence over the right of someone who wishes to kill or to cause us harm.
Everything should be used in moderation even human rights !!
Rebecca, LONDON, UK
Congratulations Britain
Once again youve let your [spineless?] judges to put the wellbeing and safety of terror suspects in front of the safety and wellbeing of your own citizens. Maybe the judges believes that both DD and AS will show Britain gratitude and thankfulness for not being deported to Libya and thereby turning into law-abiding, loving and caring humanists?
Sorry, I beg to differ DDs and ASs hate towards the West together with their determination to help bring it all down in glorious flames of fire just grew even stronger.
Good Luck and Good Night
P
Peter, London,
Congratulations Britain
Once again youve let your [spineless?] judges to put the wellbeing and safety of terror suspects in front of the safety and wellbeing of your own citizens. Maybe the judges believes that both DD and AS will show Britain gratitude and thankfulness for not being deported to Libya and thereby turning into law-abiding, loving and caring humanists?
Sorry, I beg to differ DDs and ASs hate towards the West together with their determination to help bring it all down in glorious flames of fire just grew even stronger.
Good Luck and Good Night
P
Peter, London,
The rule of law, ironically, focuses on an individual's rights, and the right to a fair trial, something these men would be denied had they been returned to Libyia, is one of these. The prohibition on Torture is a peremptory norm of International law for a reason; no individual should be subject to torture, inhuman or degrading treatment. Ever. Accepting these fundamental rights as conditional is the top of a slippery slope. The ECHR is there for our protection; you cannot start to arbitrarily pick and choose between those who 'deserve' rights under it and those who don't.
Celia, London, UK
If these people come to our country and can,t intergrate and behave themselves,then they should have no right to live here.
pete, wellingborough,
Blairs deliberate enshrining of the human rights laws into British legislature, to create a never ending cash cow for him and his greedy wife has endangered many times over the safety of British citizens. It doesnt matter who you are or whatever your mandate, you can fly into the UK, even highjacking the plane and filling it with your family if you want, and be greeted not by an anti terrorist squad or the SAS wating to bring you to justice, but by a member of amnesty international, and a goverment minister armed with all the necessary documentation you will need to get yourselves a number of houses, and the the full compliment of expected benifits. Oh and if you want to blow up or poison a few of our citizens while your waiting for your sky to be installed, knock yourself out. Blair will one day be held to account for what he has done to the UK. Not by a court of law perhaps, but by history certainly.
Steve lloyd, swansea, south wales
Absolute proof the HRA protects criminals!!!I do not care if he gets ill-treated in his own country and probably most normal people in the UK wouldn't either. Chances are he will get what's been long overdue. Unfair trials are carried out in most third-world and Arab countries. Does this mean we have to keep their criminals at the expense of our taxpayers!!!!! It is his country - his law.
It is seriously time the law started protecting the people that matter first - citizens of the UK, instead of pandering to some limp-wristed human right drivel of a law.
The judges are only carrying out the law as it stands but they are not taking into account that citizens come first.
We need to scrap the HRA and deport the foreign criminals we are holding. I don't wish to waste my taxes on criminals from other countries and endless rounds of legal dribble.
If we suspect any foreigner of being a danger to this country they should be escorted to an airport and sent home in 24 hours.
David Thijm, Stourbridge, UK
Noun singular: memorandum
Noun plural: memoranda
When I was at school, we were told to read the Times and learn from its style.
ur dissing ver langwidge m8!
John Arkwright, Manchester, UK
"the Special Immigration Appeals Commissions (Siac) today ruled that two Muslims should be permitted to stay in the UK because they faced potential human rights abuses in Libya. "
I take it their 'human rights' trump the 'human rights' of citizens of Britain (i.e. the right to not get blown to smithereens).
Represents everything that's wrong with government in Britain today.
John Blackley, Austin, TX, USA
What is the matter with our judiciary? Its always the British public at large who come off worst. The human rights of known terrorists, with plans of Birmingham Airport are more important than ours.
Its time wew had elected judges who represent the views of the people!
Steve, London, UK
What respect do these people have for the rule of law? If you can't play by the rules here you should leave. There is a difference between freedom of speech and the right to personal beliefs on the one hand, and incitement and commission of terrorist acts on the other. If you get involved in such activities whether it is in the UK, Libya or anywhere, you have to take the consequences. Surely, the collective security of the country is more important than the rights of these individuals? The authorities should have the powers to throw out anybody who shouldn't be here, or whose presence isn't condusive to the public good. Full stop
Richard, Bexhill on Sea, UK
What about our rights as normal citizens?...We're fed up to the back teeth of suspected terrorists, Islamic backstabbers from running this country. Why on earth can't the Government just put him on a plane and send him back?..You lose all rights when you trade in terror.
kirk, Rotherham, UK
There's got to be a way of ejecting these people from our country otherwise we might as well invite ALL terrorists to come and live here. What do Amnesty International suggest? Post them off somewhere nice like the Maldives? If DD & SA are willing to spread terror, they should be willing to face the consequences!
L, Bristol,
Great - so now we will keep them at home costing us 1000s of pounds a year on the social or in prison. If they are terrorist who cares if they get mis-treated?
Graham, London,
Yet again the "human rights" of terror suspects is put above the safety of the British public. The SIAC, the solicitors representing these individuals, and Amnesty International should all be deeply ashamed of themselves. Where are these organisations when innocent members of the public are murdered while going about their daily business in this country?
Mark , London,