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The Government has signed an agreement with Libya which will allow the UK to deport foreign terror suspects without fear of them being mistreated, the Foreign Office announced today.
The memorandum of understanding (MOU) was signed in Tripoli by Britain’s Ambassador to Libya, Anthony Layden, and the Libyan Acting Secretary for European Affairs, Abdulati Ibrahim al-Obidi. It follows the signing of a similar agreement with Jordan earlier this year.
They are the first of what the Government hopes will be a series of memoranda of understanding with other countries which will remove the bar to deporting foreign terror suspects living in the UK.
Under international convention, the British Government cannot send people back to a country where they might face inhuman or degrading treatment. It also has a policy of not returning people to face the death penalty.
Reacting to today’s announcement, Charles Clarke, the Home Secretary, said: "The signing today of the UK’s second MOU, this time with Libya, demonstrates that we are making progress in concluding agreements that will allow us to safely deport foreign nationals.
"I believe these, and the other ongoing negotiations, are an example of the effective international co-operation that we need in order to confront and defeat the type of terrorism we now face."
Home Office officials say that 22 people have so far been detained prior to deportation orders, although only one, the radical Jordanian cleric Abu Qatada, has been identified.
This month five suspected Islamic extremists were held in the West Midlands, London and Cardiff in raids by the Immigration Service backed by Special Branch and the Anti-Terrorist Branch. In August, ten suspects were detained for deportation, including Abu Qatada, who has been labelled al-Qaeda’s "spiritual ambassador in Europe".
In September, seven more suspected foreign extremists were detained. They were thought to include at least three Algerians who were, earlier this year, cleared of involvement in a plot to use ricin poison in London. All have been detained under the Immigration Act.
The Home Secretary already has powers to deport individuals whose presence in the UK is not conducive to the public good for reasons of national security.
Under proposed legislation, the Home Secretary will be able to detain and deport people on the grounds of "unacceptable behaviour", such as preaching in support of terrorism.
Reacting to news that an MOU had been agreed with Libya, the director of civil rights group Liberty, Shami Chakrabarti, said: "It would no doubt be very good news if Colonel Gaddafi could now be trusted not to indulge in torture. However, fundamental rights are too precious to gamble with.
"The 2004 Foreign Office Human Rights report expressed ‘serious concerns’ as to the conditions in Libyan prisons. We look forward to a full governmental account of when exactly Libya proposes to sign the United Nations Convention Against Torture. No doubt further independent corroboration of the happy state in Libya will be forthcoming before any attempted removals."
But in a statement, the Foreign Office said: "The Government firmly believes that the assurances provided by this type of MOU should enable the British courts to allow the deportation of foreign nationals who threaten national security or whose presence is not conducive to the public good; and that such deportations will uphold the UK’s international obligations.
"The dreadful attacks in London on July 7 have served to remind us all of the tragic consequences of international terrorism and underline the need to work together for a truly effective international response."
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