OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
53
those reports were of a general nature. If anything, the evidence showed that
the human rights situation was improving and had certainly not deteriorated
since SAIC’s determination.
163. The Government submitted that SIAC had found that the
assurances given by Jordan in the present case would suffice because: (i)
Jordan was willing and able to fulfil its undertakings; (ii) the applicant
would be protected by his high profile; and (iii) there would be monitoring
by the Adaleh Centre.
164. For the first, the Government reiterated that the assurances
contained in the MOU had been given in good faith and approved at the
highest levels of the Jordanian Government. They were intended to reflect
international standards. There was no lack of clarity in them, especially
when the MOU was interpreted in its diplomatic and political context.
Proper interpretation of the terms of the MOU provided for the applicant to
be brought promptly before a judge or other judicial officer (which, in
Jordanian law, would include the Public Prosecutor) and for him to have
access to independent legal and medical advice. To criticise the MOU
because it was not legally binding (as the applicant had) was to betray a lack
of an appreciation as to how MOUs worked in practice between states; they
were a well-established and much used tool of international relations. There
were, as SIAC had found, sound reasons why Jordan would comply with
this particular MOU. It was in the interests of both Governments that the
assurances be respected; as SIAC had found, Jordan’s position in the
Middle East and its relationship with the United States did not change this.
SIAC had also found that, notwithstanding the applicant’s submission to the
contrary, it was in the interests of both Governments properly to investigate
any alleged breaches of the MOU. In the present case, it was also of
considerable importance that the GID, which would detain the applicant on
return, had “signed up” to the MOU, had been involved in its negotiation,
had accepted its monitoring provisions, and had been made aware of the
consequences of breaching the assurances. The Government further relied
on SIAC’s findings in the appeal of VV (see paragraph 75 above), which
updated and confirmed SIAC’s determination in the present applicant’s
case. In VV SIAC had accepted Mr Layden’s evidence that the bilateral
relationship between the United Kingdom and Jordan, upon which the MOU
rested, was a close one.
165. For the second, the Government recalled that SIAC had found the
applicant to be a well-known figure in the Arab world and that, regardless of
the MOU, his return and subsequent treatment would be a matter of intense
local and international media interest and scrutiny. Jordanian civil society,
including Jordanian parliamentarians, would follow the applicant’s case
with interest. Any ill-treatment would cause considerable outcry and would
be destabilising for the Jordanian Government. As SIAC had found, those
responsible for his detention would be aware of these factors.
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