Abu qatada

Court rejects Qatada’s bid for freedom

Abu Qatada has just lost his bid in the High Court to be released from prison immediately. He had tried to argue that it was a breach of his human rights to be held in prison ahead of the court hearing in October which will decide whether he should be deported to Jordan to face terror charges. But at today’s hearing, Lord Justice Hughes and Mr Justice Silber dismissed the radical cleric’s application for a judicial review. This is obviously a relief for the government right now as Qatada was pressing for release with immediate effect, which would have meant he was a free man during the Olympics when security

Cameron needs results that match his words

Further to James’s post on the Cameron interview, here’s what jumped out at me: 1. ‘Governments have difficult months. This government came together to dig this country out of the huge economic mess that it’s in…’ This is the official No.10 explanation about the last few months; that it’s the problems of the austerity agenda. As James Forsyth says in his political column in the current magazine, there are strongly-held alternative explanations. 2. ‘We’re not just a bunch of accountants dealing with the deficit…’ Cameron kicks off with this, an interesting phrase as it has been used by those criticising his Chancellor’s economic message. Osborne’s critics says he no agenda

James Forsyth

Cameron tries to return to the big picture

David Cameron is out doing the media rounds today. He wants to, in his words, get back to the ‘big picture’, the argument over deficit reduction. Indeed, Danny Alexander’s speech today saying that departments have to indentify additional saving seems to have been timed to tee up this argument. Cameron’s Today Programme interview, though, was dominated by Abu Qatada, tax avoidance, Lords reforms and whether or not — in John Humphrys’ words — the PM is ‘a bit lazy.’ On Qatada, Cameron was insistent that the Home Office had ‘checked repeatedly’ with the European Court of Human Rights on the deadline. I expect that the Home Office will have to

The case for ignoring Strasbourg

If Theresa May loses her job over this kerfuffle over Abu Qatada’s appeals deadline, would anyone in the Cabinet be safe? If you were to rank the blunders this government has made, it wouldn’t even make the top 20. The Home Office is notoriously dysfunctional, and the real surprise is that May has made it thus far with only two or three major skirmishes. It’s fun for her enemies to claim she made a basic mistake, but it’s not clear-cut. In the weird world of European law, the number of days in a three month period can vary depending on things like the estimated postal time between London and Luxembourg.

ECHR reform won’t happen

In Westminster, the debate about the European Convention on Human Rights and the European Court of Human Rights is all being seen through the prism of the Abu Qatada case. Undoubtedly, the whole debate over how many days had elapsed is something Theresa May and the Home Office would have liked to avoid. It has also come at a particularly unfortunate time for the government when people are prepared to believe it has been incompetent even when it hasn’t been. But what, I expect, is more significant in the long term than Abu Qatada is the fact that the Brighton conference on the ECHR is not going to deliver the

A Victory for the ECHR

As Pete said yesterday, the arrest and presumed deportation of Abu Qatada to Jordan is worth a cheer or two. So too is the fact that the British government orefers to act within the law, not outside it. The government insists it has received assurances from the Jordanians that Qatada will face a fair trial (or, perhaps more accurately, as fair a trial as can reasonably be expected). This is also worth a cheer, even if one cannot be wholly confident of the worth of these assurances. Most of all, however, these developments are a victory for the too-often-maligned European Court of Human Rights. Granted, this assumes the Court will

After Abu Qatada

It has been a mixed news day so far as Britain’s relationship with the ECHR is concerned. There’s been the good stuff: Abu Qatada has been arrested and is set to be deported, with the government now confident that he can be shipped to Jordan without provoking the ire of Europe’s legal class. And then there has been the less than good stuff: according to the Times, which has a leaked document in its possession, Britain’s official proposals for reforming the ECHR have been diluted ahead of the Council of Europe meeting in Brighton this week. This outcome, as I suggested back in February, is hardly surprising — but it

Sarkozy shows extremists the door

Who on earth does Nicolas Sarkozy think he is? The answer, of course, is President of the French Republic. And from that position — and propelled by the Toulouse shootings and doubtless by the imminent election — he has chosen to expel a number of people from the Republic whose views, actions and teachings are deemed inimical to the State. Sarkozy gave the order yesterday and a couple of hours later the men were on planes back to their countries of origin. As the Times reports, the Algerian Islamist Ali Belhadad was flown back to Algiers and Almany Baradji, an imam, was sent back to Mali. The French Interior Ministry

What will the UK’s proposed ECHR reforms actually come to?

Two items of news that may unsettle stomachs in Euroland today: i) that Ireland is planning to hold a referendum on the new European fiscal treaty, and ii) that the UK is pushing — as April’s European summit in Brighton approaches — for the European Convention on Human Rights to be rewritten so that national courts have greater discretion and power. The BBC’s James Landale has more details on the latter here, but the basic point is that the government has circulated a ‘position paper’ that proposes injecting a few principles and particulars into the ECHR. One of these is ‘subsidiarity’, the idea that decisions should be made at the

Cameron’s ECHR problems won’t end with a Qatada deal

The news that Theresa May will fly to Jordan to continue talks about Abu Qatada shows how close the government thinks it is to a deal with the Jordanians that might satisfy the European Court of Human Rights and allow his deportation. One government source explained to me earlier that the problem is the Jordanians are offended by being asked to provide these guarantees about a fair trial and no evidence being obtained by torture. For this reason, there needs to be a fair amount of diplomatic stroking. A deal with Jordan on Abu Qatada is becoming increasingly necessary if Cameron is get out of this bind on the ECHR,

Abu Qatada Should Stay in Britain

I am sure Dan Hodges is correct: Abu Qatada is not a great poster boy for civil liberties. He is not a British citizen and seems to have abused the privileges afforded him when he was granted asylum in this country. Deporting him to Jordan, where he is wanted on terrorism charges, must be a popular move. Nevertheless, the European Court of Human Rights has a strong case: sending Qatada to a country in which the evidence against him may well depend upon torture compromises Qatada’s hopes of a fair trial. Even if this were not the case you might think the fact he would be put on trial in

Making a call on Qatada

The Prime Minister, we are told, has been trying to reach the King of Jordan to see if some kind of arrangement can be made so that Abu Qatada can be deported legally and that no forms of torture-gained evidence will used against him in a Jordanian court. This seems like a sensible thing to do. But it is important that the government balances its counter-terrorism policy with its foreign policy.   Here is what I mean. Jordan is a friend of Britain, but the King is under tremendous pressure to reform. There are daily demonstrations against his rule and the protests are gathering pace. His reforms, meanwhile, have been

Ignore the European Court and deport Abu Qatada tonight

The Al-Qaeda preacher Abu Qatada is a Jordanian national who is in the UK illegally (having come here in 1993 on a forged United Arab Emirates passport). The headache he has caused successive UK governments looks like finally reaching a peak. But there is a simple solution to the problem he poses. Last month, not only for the first time in the decade-long Qatada process, but for the first time ever in an extradition case, the European Court of Human Rights cited Article 6 ‘rights to fair trial’ to ensure that Abu Qatada could not be returned to Jordan. The Court had previously played around in the Qatada case only