OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
3
1998. As is the normal practice, the Secretary of State did not give reasons
for his decision for recognising the applicant as a refugee.
8. On 8 May 1998 the applicant applied for indefinite leave to remain in
the United Kingdom. This application had not been determined before the
applicant’s arrest on 23 October 2002. On that date he was taken into
detention under the Anti-terrorism, Crime and Security Act 2001 (see
A. and Others v. the United Kingdom [GC], no. 3455/05, § 90, 19 February
2009). When that Act was repealed in March 2005, the applicant was
released on bail and then made subject to a control order under the
Prevention of Terrorism Act 2005 (ibid., §§ 83 and 84). On 11 August 2005,
while his appeal against that control order was still pending, the Secretary of
State served the applicant with a notice of intention to deport (see section 3,
paragraph 25 below).
B. Previous criminal proceedings in Jordan
1. The Reform and Challenge Trial
9. In April 1999, the applicant was convicted in absentia in Jordan of
conspiracy to cause explosions, in a trial known as the “reform and
challenge” case. He was the twelfth of thirteen defendants.
10. The case involved an allegation of a conspiracy to carry out
bombings in Jordan, which resulted in successful attacks on the American
School and the Jerusalem Hotel in Amman in 1998. There were further
convictions for offences of membership of a terrorist group, but these
matters were the subject of a general amnesty. The applicant was sentenced
to life imprisonment with hard labour at the conclusion of the trial.
11. During the trial, one witness, Mohamed Al-Jeramaine, confessed
that he and not the defendants had been involved in the bombings. The State
Security Court hearing the case took the view that his confession was false,
and demonstrably so, because of discrepancies between what he said about
the nature of the explosives, for example, and other technical evidence.
Mr Al-Jeramaine was later executed for homicides for which he had been
convicted in another trial.
12. The applicant maintains that the evidence against him was
predominantly based upon an incriminating statement from a co-defendant,
Abdul Nasser Al-Hamasher (also known as Al-Khamayseh). In his
confession to the Public (or State) Prosecutor, Mr Al-Hamasher alleged that
the applicant had provided prior encouragement for the attacks. He was also
said to have congratulated the group after the attacks.
13. Mr Al Hamasher, along with several other defendants, had
complained during the proceedings before the State Security Court that they
had been tortured by the Jordanian General Intelligence Directorate (“the
GID”), which shares responsibility for maintaining internal security and