European Court Overrules Britain on Terror Detainee
LONDON The European Court of Human Rights ruled on Tuesday that Abu Qatada, a radical Islamic preacher regarded as one of al Qaedas spiritual leaders in Europe, cannot be deported from Britain to his native Jordan because his trial there would be tainted by evidence obtained by torture.
The preacher, whose real name is Omar Mahmoud Mohammed Othman, is in custody in Britain and has been convicted in his absence in Jordan of two major terrorist conspiracies. The British government had insisted that he be returned as part of a wider strategy of dealing with international terror suspects by deportation.
Although it accepted Jordans assurances that he would be treated humanely, the European court in Strasbourg, France, said in its ruling that evidence of his involvement had been obtained by torturing one of his co-defendants. Deporting him would legitimize the torture of witnesses and suspects, it said, and result in a flagrant denial of justice.
Britains home secretary, Theresa May, said she was disappointed by the ruling, and that she would consider all the legal options available. The government must appeal within three months or release Mr. Othman from custody. It is important to note, she said, that this ruling does not prevent us seeking to deport other foreign nationals.
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http://www.nytimes.com/2012/01/18/world/europe/european-court-overrules-britain-on-terror-detainee.html