6
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
compliance with international human rights standards, which would be
adhered to when someone was returned to one State from the other (see
paragraph 76 below). The same day, a side letter from the United Kingdom
Chargé d’Affaires, Amman, to the Jordanian Ministry of the Interior was
signed, which recorded the Jordanian Government’s ability to give
assurances in individual cases that the death penalty would not be imposed.
In respect of the applicant, further questions as to the conduct of any retrial
he would face after deportation were also put to the Jordanian Government
and answered in May 2006 by the Legal Adviser at the Jordanian Ministry
of Foreign Affairs.
24. The MOU also made provision for any person returned under it to
contact and have prompt and regular visits from a representative of an
independent body nominated jointly by the United Kingdom and Jordanian
Governments. On 24 October 2005, the Adaleh Centre for Human Rights
Studies (“the Adaleh Centre”) signed a monitoring agreement with the
United Kingdom Government. On 13 February 2006, the terms of reference
for the Adaleh Centre were agreed (see paragraph 80 below).
D. The applicant’s appeal against deportation
25. On 11 August 2005, that is, the day after the MOU was signed, the
Secretary of State served the applicant with the notice of intention to deport.
The Secretary of State certified that the decision to deport the applicant was
taken in the interests of national security. The applicant appealed to SIAC
against that decision arguing, inter alia, that it was incompatible with
Articles 2, 3, 5 and 6 of the Convention. Relying on his previous asylum
claim, he argued that his high profile would mean he would be of real
interest to the Jordanian authorities. If returned, he would also face retrial
for the offences for which he had been convicted in absentia. He would thus
face lengthy pre-trial detention (in breach of Article 5) and, if convicted,
would face a long term of imprisonment. All these factors meant he was at
real risk of torture, either pre-trial or after conviction, to obtain a confession
from him or to obtain information for other reasons. He was also at risk of
the death penalty or rendition to other countries, such as the United States of
America. Relying on Article 6, he alleged that his retrial would be flagrantly
unfair: the State Security Court, a military court, lacked independence from
the executive and there was a real risk that evidence obtained by torture –
either of him, his co-defendants or other prisoners – would be admitted
against him.