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The attempt to send the cleric back to Jordan comes just hours after Britain signed a controversial deal with the authorities in Amman for them to take undesirables thrown out of Britain. The order to remove Abu Qatada will be seen as a test of the Government’s determination to deal with militants who allegedly stir up hatred.
Whitehall officials accept the attempt to deport Abu Qatada, 44, after 12 years will determine how successful their counter-terror measures will be in the courts. This case is also regarded by ministers as the first indication of the judges’ willingness to accept Tony Blair’s assertion that “the rules of the game have changed”.
The Jordanian father of five, currently the subject of a control order at his London home, is likely to be moved to an immigration detention centre.The legal process will begin with Charles Clarke informing the Jordanians of his intention to deport the cleric.
A diplomatic source in Amman said “We are perfectly aware of who it is that Britain is talking about sending here”.
Mr Clarke will need assurances from Jordan that Abu Qatada’s human rights will not be abused and he will not face the death penalty.
His lawyers can immediately appeal against his deportation. They could also ask for him to be allowed to return home rather than stay in detention. His appeal will be dealt with the Special Immigration Appeals Commission.
MPs from all parties have long called for his expulsion after security chiefs in Europe alleged he was linked to terrorist attacks including the bombing of four commuter trains in Madrid in March 2004.
He also is suspected of inspiring Mohammed Atta, the leader of the September 11 hijackers and the shoe bomber, Richard Reid. His name is included on an American list of “designated global terrorist individuals”.
Jordan is the first of what Mr Blair hopes will be around ten countries who will agree not to mistreat or torture deportees from Britain.
Abu Qatada, whose is also known as Sheikh Omar Abu Omar, has already been sentenced to life imprisonment in his absence by Jordan in 1998 for his involvement in a series of bomb plots. He has always denied having any links with terrorism.
Human rights groups immediately condemned Britain signing a memorandum of understanding with Jordan which they claim has a record of torturing terror suspects. Amnesty International said “This deal is not worth the paper it is written on”.
Nicola Duckworth, Amnesty’s Europe and Central Asia Director, said “These assurances rely on the good faith of states that are known to torture their subjects, a practice which few states admit to. How does Charles Clarke propose to monitor whether these promises are being honoured?”
Amnesty also claims that other countries expected to sign a similar deal with the UK — including Yemen, Algeria and Syria — also have deplorable records on human rights.
Abu Qatada, who describes himself as a Palestinian-Jordanian arrived here in 1993 claiming he was fleeing religious persecution.
His followers insist he is one of the most formidable and respected Koranic scholars of his generation.
His prayer meetings were attended by Zacarias Moussaoui. the so-called 20th hijacker. He is also alleged to have encouraged young British Muslims to attend terrorist training camps abroad.
He was the most high profile figure of the 12 held under the government’s emergency terror laws, whom the Home Office was later forced to release on the orders of the Law Lords. The suspects were put under control orders which amounted to virtual house arrest.
Mr Justice Collins, President of the Special Immigration Appeals Commission, described Abu Qatada in an earlier judgement as being “at the centre in the United Kingdom of terrorist activities” associated with al-Qaeda. “He is a truly dangerous individual.”
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