OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
27
understanding that: (i) if a returnee was detained within three years of
return, the MOU provided for monitoring until such a time as he was
released and, potentially, indefinitely; and (ii) a returnee who was detained
more than three years after return, would not be entitled to monitoring
visits.
2. Mr Wilcke’s statement
91. The applicant submitted a statement from Mr Christophe Wilcke, of
Human Rights Watch, which had originally been prepared for the VV case
(see paragraph 75 above). Mr Wilcke had conducted visits to various
detention facilities in Jordan, which formed the basis for Human Rights
Watch’s subsequent report of 8 October 2008 (see paragraph 117 below).
Mr Wilcke stated that he was accompanied on one visit by Mr Rababa of the
Adaleh Centre. According to Mr Wilcke when they discussed the present
applicant’s case, Mr Rababa appeared to be hearing details of the United
Kingdom deportation proceedings for the first time. In his statement,
Mr Wilcke characterised Adaleh as very small and noted that it had not
carried out any independent prison visits and had not tried to do so.
Mr Wilcke therefore doubted that the assurances would provide an effective
safeguard against ill-treatment of the applicant.
3. Ms Refahi’s statement
92. In a statement of 7 February 2010, prepared specifically for the
proceedings before this Court Ms Refahi, the Arabic-speaking barrister who
had given evidence before SIAC as to the previous trials in Jordan, set out
the discussions she had had with Jordanian lawyers and NGO officers about
Adaleh. They told her that Mr Rababa had strong family links to the
Jordanian security services. The centre’s change to a for-profit company
would have also required the approval of the Ministry of Interior and GID
as would Mr Rababa’s nomination to the Board of Trustees of the NCHR.
None of those interviewed had any knowledge of the centre before it
became the Monitoring Body, it had no practical experience of monitoring
and would be unable to prevent ill-treatment. The centre was also said to
have behaved erratically in choosing experts for its anti-torture
programmes; it had preferred lawyers over physicians and had not chosen
individuals with monitoring experience.
D. Further evidence on the applicant’s two previous trials and the
procedures applicable to any re-trial
93. The parties have also provided extensive evidence on the applicant’s
original trials, including evidence which was not before SIAC.
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