OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
63
will not be ill-treated upon return to Jordan. The product of those efforts, the
MOU, is superior in both its detail and its formality to any assurances which
the Court has previously examined (compare, for example, the assurances
provided in Saadi, Klein and Khaydarov, all cited at paragraph 189(ii)
above). The MOU would also appear to be superior to any assurances
examined by the United Nations Committee Against Torture and the United
Nations Human Rights Committee (see Agiza, Alzery and Pelit, summarised
at paragraphs 147–151 above). The MOU is specific and comprehensive. It
addresses directly the protection of the applicant’s Convention rights in
Jordan (see paragraphs 1–8 of the MOU, set out at paragraphs 77 and 78
above). The MOU is also unique in that it has withstood the extensive
examination that has been carried out by an independent tribunal, SIAC,
which had the benefit of receiving evidence adduced by both parties,
including expert witnesses who were subject to extensive cross-examination
(see paragraphs 28 and 189(xi) above).
195. The Court also agrees with SIAC’s general assessment that the
assurances must be viewed in the context in which they have been given.
Although the Court considers that, in his statements to the Court
(summarised at paragraphs 83–90 above), Mr Layden has a tendency to play
down the gravity of Jordan’s record on torture, by virtue of his position he is
able to speak with some authority as to the strength of the
United Kingdom-Jordanian bilateral relationship as well as the importance
of the MOU to that relationship. From Mr Layden’s statements, and the
further evidence before SIAC, the Court considers that there is sufficient
evidence for it to conclude that the assurances were given in good faith by a
Government whose bilateral relations with the United Kingdom have,
historically, been very strong (see Babar Ahmad and Others and
Al-Moayad, both cited at paragraph 189(vii) above). Moreover, they have
been approved at the highest levels of the Jordanian Government, having the
express approval and support of the King himself. Thus, it is clear that,
whatever the status of the MOU in Jordanian law, the assurances have been
given by officials who are capable of binding the Jordanian State (cf. Ben
Khemais, Garayev, Baysakov and others, and Soldatenko, all cited at
paragraph 189(iii) above). Just as importantly, the assurances have the
approval and support of senior officials of the GID (cf. Chahal, cited at
paragraph 189(iv) above). In the Court’s view, all of these factors make
strict compliance with both the letter and spirit of the MOU more likely.
196. Similarly, although the applicant has argued that his high profile
would place him at greater risk, the Court is unable to accept this argument,
given the wider political context in which the MOU has been negotiated. It
considers it more likely that the applicant’s high profile will make the
Jordanian authorities careful to ensure he is properly treated; the Jordanian
Government is no doubt aware that not only would ill-treatment have
serious consequences for its bilateral relationship with the United Kingdom,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents