OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
11
continue to apply and it would be in the interests of both the Jordanians and
the Americans to conduct any interrogation at the earliest opportunity rather
than wait until after trial. The applicant’s high profile was also found to be
“unlikely to diminish much for some years”.
38. There was little likelihood of the Jordanian authorities bringing any
subsequent charges which carried the death penalty or seeking the death
penalty in respect of the charges for which the applicant was to be retried.
Instead, if he were convicted, the applicant would face a lengthy period of
imprisonment. There was a real risk of a life sentence in respect of the
Reform and Challenge conspiracy, although there was a greater prospect
that it would be considerably less because of the way in which sentences on
the other defendants appeared to have been reduced on appeal, to 4 or 5
years. There was no real risk of a life sentence in the millennium conspiracy
retrial. There was no rule that would prevent a higher sentence being
imposed than the 15 year sentence that had been imposed in absentia.
However, the clear practice was against imposing higher sentences in
retrials following initial convictions in absentia and there was no reason
why a more unfavourable view would be taken of the applicant when he
was present than when he was absent. The applicant would serve any
sentence in an ordinary prison and not a GID detention facility; the sentence
of hard labour did not connote any additional punishment. General
conditions would not breach Article 3 and, although beatings sometimes
occurred, there was no evidence that the applicant would be targeted as a
political Islamist prisoner. His status would again act to protect him.
39. In respect of rendition, there were “powerful incentives” for the
Jordanian and United States Governments not to allow this to happen, not
least the real domestic political difficulties this would create for the
Jordanian Government and the unwillingness of the United States to
destabilise the Jordanian regime. Any instances of alleged rendition from
Jordan had involved people of other nationalities or, in one case, of a dual
US/Jordanian national. It was also very unlikely that the applicant would be
removed to a secret CIA facility in Jordan since this would require the
connivance of the Jordanian authorities contrary to the MOU. It was also
unlikely that the United States Government would seek the extradition of
the applicant from Jordan when it had not sought his extradition from the
United Kingdom and there would be political difficulties for Jordan to
accede to such a request.
(d) SIAC’s findings on Article 5
40. In relation to the applicant’s detention following his removal to
Jordan, SIAC found that the time limits for notifying the legal authorities of
an arrest (48 hours) and for bringing formal charges (15 days) were
regularly and lawfully extended by the courts at the request of the
prosecutor, in stages of up to 15 days to a maximum of 50 days. It would