66
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
paragraphs 29 et seq. above). The Court shares SIAC’s view, not merely
that there would be a real and strong incentive in the present case for Jordan
to avoid being seen to break its word but that the support for the MOU at
the highest levels in Jordan would significantly reduce the risk that senior
members of the GID, who had participated in the negotiation of the MOU,
would tolerate non-compliance with its terms.
202. Fifth, the applicant has relied on the discrepancy between the
Arabic and English versions of the MOU as evidence that Adaleh will only
have access to him for three years after his deportation. However, the Court
considers that this issue has been resolved by the diplomatic notes which
have been exchanged by the Jordanian and United Kingdom Governments
(see Mr Layden’s second statement at paragraph 90 above), which make
clear that Adaleh will have access to the applicant for as long as he remains
in detention.
203. Sixth, it is clear that the Adaleh Centre does not have the same
expertise or resources as leading international NGOs such as Amnesty
International, Human Rights Watch or the International Committee of the
Red Cross. Nor does it have the same reputation or status in Jordan as, for
example, the Jordanian NCHR. However, in its determination SIAC
recognised this weakness. It recognised the Centre’s “relative inexperience
and scale” but concluded that it was the very fact of monitoring visits which
was important (see paragraph 31 above). The Court agrees with this
conclusion. Moreover, the Court is persuaded that the capability of the
Centre has significantly increased since SIAC’s determination, even if it
still has no direct experience of monitoring. Mr Layden’s statements show
that it has been generously funded by the United Kingdom Government,
which in itself provides a measure of independence for the Centre, at least
from the Jordanian Government. Given the United Kingdom Government’s
broader interest in ensuring that the assurances are respected, it can be
expected that this funding will continue. Nothing would appear to turn on
any change which may have taken place in the Centre’s legal status, nor on
the fact that several other organisations may have been approached as
possible monitoring bodies before it. Although credence must be attached to
Mr Wilke’s account that the head of the Centre, Mr Rababa, appeared to
know little of the applicant’s legal proceedings in the United Kingdom, it
must now be clear to Mr Rababa, from the meetings he has had with United
Kingdom Government Ministers, what the role of the Centre is in
monitoring, as well as the importance of the issue to the United Kingdom
Government. Similarly, although Mr Rababa may well have family ties the
security services, as alleged by Ms Refahi in her second statement (see
paragraph 92 above), there is no evidence that anyone close to him will be
responsible for the applicant’s detention. More importantly, the scrutiny the
Centre can expect from Jordanian and international civil society as to how it
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