OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
55
particularly Shamayev and Ismoilov, cited above, demonstrated that, once a
particular risk was shown to apply to an individual, assurances would not be
sufficient, especially when torture was also shown to be systemic in the
country of destination. He submitted, therefore, assurances would only
suffice where (i) a previous systemic problem of torture had been brought
under control; and (ii) although isolated, non-systemic acts continued, there
was independent monitoring by a body with a track-record of effectiveness,
and criminal sanctions against transgressors. These criteria had not been met
in his case.
169. The applicant relied on the evidence set out at paragraphs 106–124
above, which, he submitted, demonstrated that Jordanian prisons were
beyond the rule of law. Torture was endemic, particularly for GID prisons
and Islamist prisoners, who were frequently beaten. There was a systemic
failure to carry out prompt and effective investigations of allegations of
torture. This evidence was even more compelling than at the time of SIAC’s
determination. Moreover, the culture of impunity that prevailed in the GID
rendered it incapable of abiding by the assurances, even if its leadership
wanted to. Jordan could not be relied upon to meet its international human
rights obligations. It had refused to submit to any form of enforcement of
those obligations; for instance, it had refused to ratify either Article 22 to
UNCAT (the right of individual petition to the Committee against Torture)
or the Optional Protocol to UNCAT (which established the Sub-Committee
on the Prevention of Torture and gave it, inter alia, the right to visit places
of detention).
170. The Jordanian Government’s assurances in his case also had to be
seen in their proper political context. Although strategically important,
Jordan was unstable, reliant on American patronage, prone to unrest and
vulnerable to Islamism. Thus, while he did not contest that external relations
between Jordan and the United Kingdom were close, the applicant
considered these countervailing factors meant the bilateral relationship
between the two countries was insufficient to guarantee adherence to the
MOU.
171. Against this background, his high profile would not protect him but
would in fact place him at greater risk; in fact, it was his profile that
necessitated the MOU in the first place. He had previously been tortured
because he had publically criticised Jordan’s foreign policy. Jordan’s
extradition request had been withdrawn because his presence was not
considered to be desirable. That assessment could only have been confirmed
by SIAC’s conclusions as to the national security threat he posed to the
United Kingdom. Moreover, Jamil el Banna, Bishar al Rawi and Binyam
Mohamed, who had been detained by the United States authorities at
Guantánamo Bay and elsewhere, had stated that they had been interrogated
at length as to their links with him. If deported, he would be regarded as a
significant threat to the country and the Middle East. In such an unstable
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