11 Oct 2012

Home office asked for Qatada’s pardon from Jordan

Ministers at the Home Office tried persuading Jordan to pardon the radical Islamic cleric, Abu Qatada, in their attempt to have him deported from the UK, a tribunal hears.

Ministers at the Home Office tried persuading Jordan to pardon the radical Islamic cleric, Abu Qatada (Reuters)

James Brokenshire, the then security minister, asked Jordanian ministers at a meeting in February if the radical cleric, once described by a judge as Osama bin Laden’s right-hand man in Europe, could be pardoned if returned.

After his efforts were dismissed, the tribunal heard, the government had a “plan B” to research when the King of Jordan could issue such a pardon.

Details of the talks, which took place during a meeting in Jordon on February 14, emerged during an immigration appeals tribunal at which Mr Qatada, 51, is appealing against deportation. It is being held after judges at the European Court of Human Rights ruled that he could not be sent back while there was a “real risk that evidence obtained by torture will be used against him”.

The request was revealed by Anthony Layden, the former British ambassador to Libya who now negotiates “diplomatic assurances”. These are assurances sought by Britain in negotiating the deportation of people to countries which are known to use torture.

Under cross-examination by Edward Fitzgerald QC, for Qatada, Mr Layden agreed that the possibility of a pardon for Qatada was explored because the evidence against him was “granted by torture”.

“I think the question of a pardon had been asked earlier and Mr Brokenshire was asking for an answer,” Mr Layden said.

The options were explored after the British government learned that simple assurances from the Jordanian government that evidence gained by torture would not be used were never going to be enough to deport him, Mr Layden said. He said it was a matter for the prosecutors and the courts, not the government.

‘Undertaking’

The UK Government also asked Jordanian prosecutors if they would give “an undertaking in advance that they would not rely on the statements” gained through torture, but the Jordanians refused, Mr Layden added.

He said that an attempt to get the State Security Court to rule on the admissibility of the statements before Qatada is deported was also rejected.

But Mr Layden dismissed Mr Fitzgerald’s claim that the Home Secretary, Theresa May, told Jordan’s king that the UK government wanted to help correct the perception that Jordan used torture.

“That’s flying in the face of reality to make that statement, isn’t it?” Mr Fitzgerald said.

“‘We’re going to prove the world is square’.”

Mr Layden agreed that Jordan does use torture, and that it was widespread and routine in 2006. But he said the situation had improved since 2006, and added:

“There’s something behind what she said. It’s not just nonsense.

The tribunal continues.