4
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
monitoring security threats in Jordan with the Public Security Directorate
and the military. At the end of the period of interrogation during which they
claimed to have been tortured, the Public Prosecutor took a statement from
each defendant.
14. At the trial there was evidence from lawyers and medical examiners
and relatives of the defendants that there were visible signs of torture on the
defendants. However, the State Security Court concluded that the
defendants could not prove torture.
15. There were a number of appeals to the Court of Cassation and
remittals back to the State Security Court, although, as the applicant had
been convicted in absentia, no appeals were taken on his behalf. In the
course of those appeals, the convictions were upheld on the basis that the
relevant statements had been made to the Public Prosecutor. The
confessions in those statements thus constituted sufficient evidence for
conviction if the court accepted them and if the Public Prosecutor was
satisfied with the confessions. The Court of Cassation rejected the claim
that the Public Prosecutor had to prove that the defendants had confessed to
him of their own accord: the Public Prosecutor’s obligation to prove that a
confession was obtained willingly only arose where the confession had not
been obtained by him. The confessions in question were authentic and there
was no evidence that they had been made under financial or moral coercion.
16. The Court of Cassation then considered the impact of the allegations
that the confessions to the State Prosecutor had resulted from coercion of
the defendants and their families while they were in GID detention. Such
conduct during an investigation was against Jordanian law and rendered the
perpetrators liable to punishment. However, even assuming that the
defendants’ allegations were true, that would not nullify the confessions
made to the Public Prosecutor unless it were proved that those confessions
were the consequence of illegal coercion to force the defendants to confess
to things which they had not done. The defendants had not shown that was
the case.
17. As a result of the applicant’s conviction in this trial, the Jordanian
authorities requested the applicant’s extradition from the United Kingdom.
In early 2000, the request was withdrawn by Jordan.
2. The millennium conspiracy trial
18. In the autumn of 2000 the applicant was again tried in absentia in
Jordan, this time in a case known as the “millennium conspiracy”, which
concerned a conspiracy to cause explosions at western and Israeli targets in
Jordan to coincide with the millennium celebrations. The conspiracy was
uncovered before the attacks could be carried out. The applicant was alleged
to have provided money for a computer and encouragement through his
writings, which had been found at the house of a co-defendant,