OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
23
III. THE ARRANGEMENTS BETWEEN THE UNITED KINGDOM
AND JORDAN
A. The MOU
76. The title of the MOU agreed between the United Kingdom
Government and the Jordanian Government refers to the regulation of the
“provision of undertakings in respect of specified persons prior to
deportation”.
77. The MOU states that it is understood that the authorities of each
State will comply with their human rights obligations under international
law regarding a person returned under the MOU. When someone has been
accepted under the terms of the MOU, the conditions set out in paragraphs
1-8 of the MOU will apply, together with any further specific assurances
provided by the receiving state. Paragraphs 1 to 5 provide as follows:
“1. If arrested, detained or imprisoned following his return, a returned person will
be afforded adequate accommodation, nourishment, and medical treatment and will be
treated in a humane and proper manner, in accordance with internationally accepted
standards.
2. A returned person who is arrested or detained will be brought promptly before a
judge or other officer authorised by law to exercise judicial power in order that the
lawfulness of his detention may be decided.
3. A returned person who is arrested or detained will be informed promptly by the
authorities of the receiving state of the reasons for his arrest or detention, and of any
charge against him.
4. If the returned person is arrested, detained or imprisoned within 3 years of the
date of his return, he will be entitled to contact, and then have prompt and regular
visits from the representative of an independent body nominated jointly by the UK
and Jordanian authorities. Such visits will be permitted at least once a fortnight, and
whether or not the returned person has been convicted, and will include the
opportunity for private interviews with the returned person. The nominated body will
give a report of its visits to the authorities of the sending state.
5. Except where the returned person is arrested, detained or imprisoned, the
receiving state will not impede, limit, restrict or otherwise prevent access by a
returned person to the consular posts of the sending state during normal working
hours. However, the receiving state is not obliged to facilitate such access by
providing transport free of charge or at discounted rates.”
78. Paragraph 6 guarantees the right to religious observance in detention
and paragraph 7 provides for the right to a fair trial for a returned person in
terms similar to Article 6 § 1 of the Convention. Paragraph 8 replicates
Article 6 § 3, omitting references to paragraphs (a) and (e) of that Article.
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