OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
25
detention facilities, and should arrange to be informed promptly if the detainee is
moved from one place of detention to another.”
82. Paragraph 5 provides that, in order to monitor compliance with the
right to fair trial, Monitors should have access to all court hearings, subject
to the requirements of national security. Paragraph 6 states that monitors
should ensure that they are mindful of any specific assurances made by the
receiving State in respect of any individual being returned, and should
monitor compliance with these assurances. Paragraph 7, on reporting,
provides that the Monitoring Body should provide regular frank reports to
the sending State and should contact the sending State immediately if its
observations warrant.
C. Further evidence on the MOU and the Adaleh Centre
1. Mr Layden’s statements
83. In the context of proceedings before this Court, the Government
produced two statements from Mr Anthony Layden, a former diplomat and
currently United Kingdom Special Representative for Deportation with
Assurances.
84. The first statement, dated 24 September 2009, outlined the closeness
of ties between the United Kingdom and Jordan, the United Kingdom’s
support for various initiatives to enhance human rights in Jordan, as well as
various reports (summarised at paragraphs 106–124 below), which showed
Jordan’s improving human rights record.
85. The first statement also explained that, after the signature of the
MOU, the Governments together assessed which organisation should take
on the independent monitoring. The Jordanian Government had proposed
the National Centre for Human Rights (NCHR) and, when that body
declined, the Jordanian Government suggested Adaleh, which was
appointed. The monitoring agreement was signed after representatives from
Adaleh met the United Kingdom Foreign Office Minister for the Middle
East and North Africa. There was a subsequent meeting between the
Secretary of State for the Home Department and the President of Adaleh’s
Board of Trustees, Mr Arslan MP, and its founder and President,
Mr Rababa. Mr Arslan and Mr Rababa made clear that, despite criticism of
their decision to act as monitoring body, they had felt it was important for
the protection of human rights. They had not been forced into the role or
accepted it for financial benefit.
86. The first statement also outlined Adaleh’s training and human rights
awareness activities since it was founded in 2003. It had received funding
from a large number of donor agencies but none from the Jordanian
Government. It had spoken out against the Government and had prepared a
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