OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
9
such an investigation, SIAC accepted evidence from the Mr Oakden that
any failure of the Jordanian Government to respond to diplomatic queries
would lead to “rapidly escalating diplomatic and Ministerial contacts and
reactions”.
31. SIAC accepted that there were some weaknesses in the MOU and
monitoring provisions. Some protections, such as prompt access to a lawyer,
recorded interviews, independent medical examinations and prohibition on
undisclosed places of detention, were not explicitly present but, in reality,
most of these aspects were covered. There was no guarantee that access to
the applicant, as required by the Adaleh Centre’s terms of reference, would
always be granted but any refusal would be brought to light quite quickly; in
the early period of detention, the Centre was expected to visit the applicant
three times a week. SIAC also expected the GID and the Jordanian
Government to react swiftly to any approach by the United Kingdom were a
visit to be refused. It was “disturbing” that the United Nations Special
Rapporteur on Torture had been refused access to a GID facility in June
2006, despite a prior arrangement that he would be permitted free access.
However, on the evidence it had heard, SIAC found that there was no real
risk of ill-treatment of the applicant by the GID. There was a weakness in
the Adaleh Centre’s “relative inexperience and scale”; it would be
undertaking a task which would be new to it; and it did not have the
expertise among its staff, as it had recognised. It was a fairly new body with
limited resources and staff, although this could be overcome and the United
Kingdom Government would bear the cost. It was the very fact of
monitoring visits which was important and the absence of specialist
expertise was not fatal to their value.
(c) SIAC’s findings on Article 3
32. The United Kingdom Government did not contest the general thrust
of the available material in relation to Jordan’s human rights record and, in
SIAC’s view, details of human rights violations in Jordan remained relevant
to the assessment of the risk faced by the applicant. The Government also
took the position that it could not return the applicant to Jordan, in
conformity with its international obligations, in the absence of the particular
measures contained in the MOU. Nevertheless, SIAC found it important to
consider the risks faced by the applicant by reference to the likely sequence
of events if he were to be returned. It found that the MOU might not be
necessary for each risk but rather reinforce the protection available.
33. SIAC accepted that, on return, the applicant would be taken into the
custody of the GID and retried on the two charges for which he had been
convicted in absentia. He would be accompanied by a representative of the
Adaleh Centre to his place of detention and be medically examined. SIAC
also accepted that the GID would interrogate the applicant with a view to
obtaining a confession for use at trial and for more general intelligence