30
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
crime scene) and expert evidence. The evidence of the other defendants was
likely to be determinative at the applicant’s retrial, as they were important in
his trials in absentia. The report also stated that, if alive, Al-Hamasher and
Abu Hawsher would give evidence at any retrial.
2. Evidence provided by the applicant
102. For the Reform and Challenge trial, the applicant provided a copy
of the Public Prosecutor’s investigation report, which showed that the only
evidence against him was the confession of Al-Hamasher. The confession
was quoted in the report as stating that the applicant had provided
encouragement for the attacks and congratulated the group afterwards. The
only other evidence against him which was recorded in the report was that
two books the applicant had written were found in the possession of
Al-Hamasher and another defendant. The applicant also provided the
grounds of appeal of Al-Hamasher which set out his claim that he had been
detained and ill-treated for six days in GID custody then brought before the
Public Prosecutor in the latter’s office at the GID building. The applicant
also produced a letter from the GID to Al-Hamasher’s lawyer which stated
that the original videotapes of his interrogation had been destroyed. The
grounds of appeal stated that, at trial, a GID officer gave evidence that he
had destroyed the tapes on the orders of his superior but refused to reveal
the superior’s identity. Al-Hamasher’s grounds of appeal also stated that
lawyers for another defendant had witnessed their client telling the Public
Prosecutor that he had been ill-treated: the lawyers’ evidence had not been
accepted by the State Security Court, which preferred that of the Public
Prosecutor. The grounds of appeal also summarised a medical report by a
doctor who had examined the defendants five months after their
interrogations. The doctor had found bruising and scarring on the men’s
bodies, particularly their feet and legs. Given the passage of time, the doctor
was unable to conclude how the men’s injuries had been obtained but
observed that they could have been caused by the impact of hard objects. In
Al-Hamasher’s case, the doctor noted scars on his buttocks, which were
consistent with being deliberately hit with a baton or similar object. The
grounds of appeal also noted that family members of the defendants,
including Al-Hamasher’s mother, had observed scars on the defendants’ feet
and legs when they were first allowed to visit them. The GID interrogators
were not produced for cross-examination at trial, nor were the defendants’
medical records.
103. For the millennium conspiracy trial, the applicant submitted a copy
of the Public Prosecutor’s investigation report in that case, which showed
that Abu Hawsher’s confession was the predominant basis of the
prosecution case against the applicant. A copy of his defence statement
setting out his allegations of torture was also provided, which described
injuries to the soles of his feet (causing the skin to fall off when he bathed),
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