10
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
purposes, though SIAC found it to be speculative that GID would
interrogate the applicant about other offences in order to bring further
charges against him; there was no evidence of any other charges
outstanding. SIAC also accepted that the United States would seek to
question the applicant and that this would take place soon after his arrival in
Jordan. However, there was no real risk that Article 3 would be breached
before the conclusion of the retrial.
34. There was a real risk of torture or ill-treatment of an “ordinary
Islamist extremist” in GID detention before charge since such ill-treatment
was widespread and longstanding and there was a climate of impunity and
evasion of international monitoring in the GID. However, the applicant
would be protected by his high profile, by the MOU and the monitoring
agreement, especially since the Adaleh Centre would be “keen to prove its
mettle” and would itself be subject to the vigilance of other
non-governmental organisations. This would also prevent any real risk of
the use by the GID of tactics such as last-minute refusals of access, claims
that the applicant did not wish to see the monitors or moving him elsewhere
without notification. Access by the Adaleh Centre would also prevent the
applicant’s incommunicado detention.
35. The MOU would also counteract the climate of impunity prevailing
in the GID and toleration of torture by its senior members. The MOU and
the monitoring arrangements were supported at the highest levels in Jordan
– the King of Jordan’s political power and prestige were behind the MOU –
so it was reasonable to assume that instructions on how to treat the applicant
had been given to the GID and it would be aware that any breaches would
not go unpunished. Moreover, senior members of the GID had participated
in the MOU negotiations and therefore would know the consequences of
any failure to comply. Even if abuses were normally the work of rogue
officers, the specific and unusual position of the applicant and the effect of
the MOU would lead to senior officers preventing ill-treatment in his case,
even if they did so only out of self-interest.
36. Questioning by the United States was not forbidden by the MOU
and, to SIAC, it was probable that the United States Central Intelligence
Agency would be allowed to question the applicant directly with the GID
present. However, the United Kingdom would have made clear to the
United States its interests in ensuring that the MOU was not breached. The
Jordanian authorities and United States would be careful to ensure that the
United States did not “overstep the mark”. Assuming that the applicant
remained in GID custody and was not surrendered to the United States,
there would be no real risk of ill-treatment at the pre-trial stage. It was also
highly unlikely that the applicant would be placed in any secret GID or CIA
detention facility in Jordan.
37. The same factors applied to any questioning which might take place
soon after the conviction or acquittal of the applicant. The MOU would