62
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
former provides no meaningful control over the latter (see paragraphs 107,
112–113, 116 and 119–122 above). Finally, as the Special Rapporteur,
Amnesty International and the NCHR confirm, there is an absence of
co-operation by the GID with eminent national and international monitors
(see paragraphs 109 and 121 above).
192. As a result of this evidence it is unremarkable that the parties
accept that, without assurances from the Jordanian Government, there
would be a real risk of ill-treatment of the present applicant if he were
returned to Jordan. The Court agrees. It is clear that, as a high profile
Islamist, the applicant is part of a category of prisoners who are frequently
ill-treated in Jordan. It is also of some relevance that he claims to have
previously been tortured in Jordan (see his asylum claim, summarised at
paragraph 7 above). However, consistent with the general approach the
Court has set out at paragraphs 187–189 above, the Court must also
consider whether the assurances contained in the MOU, accompanied by
monitoring by Adaleh, remove any real risk of ill-treatment of the applicant.
193. In considering that issue, the Court observes that the applicant has
advanced a number of general and specific concerns as to whether the
assurances given by Jordan are sufficient to remove any real risk of illtreatment of him. At the general level, he submits that, if Jordan cannot be
relied on to abide by its legally binding, multilateral international
obligations not to torture, it cannot be relied on to comply with non-binding
bilateral assurances not to do so. He has also argued that assurances should
never be relied on where there is a systematic problem of torture and
ill-treatment and further argues that, even where there is evidence of
isolated, non-systemic acts of torture, reliance should only be placed on
assurances where those are supported by the independent monitoring of a
body with a demonstrable track-record of effectiveness in practice. The
Court does not consider that these general submissions are supported by its
case-law on assurances. As the general principles set out at paragraphs
187-189 above indicate, the Court has never laid down an absolute rule that
a State which does not comply with multilateral obligations cannot be relied
on to comply with bilateral assurances; the extent to which a State has failed
to comply with its multilateral obligations is, at most, a factor in
determining whether its bilateral assurances are sufficient. Equally, there is
no prohibition on seeking assurances when there is a systematic problem of
torture and ill-treatment in the receiving State; otherwise, as Lord Phillips
observed (see paragraph 57 above), it would be paradoxical if the very fact
of having to seek assurances meant one could not rely on them.
194. Moreover, the Court does not consider that the general human
rights situation in Jordan excludes accepting any assurances whatsoever
from the Jordanian Government. Instead, the Court considers the United
Kingdom and Jordanian Governments have made genuine efforts to obtain
and provide transparent and detailed assurances to ensure that the applicant
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