OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT 77 Kulomin v. Hungary cited at paragraph 155 above). Accordingly, little weight can be attached to the fact that, pursuant to the amendments to the Jordanian Code of Criminal Procedure, the applicant would be brought before the Public Prosecutor within twenty-four hours (see Mr Al-Khalila and Mr Najdawi’s report at paragraph 96 above). However, Jordan clearly intends to bring the applicant to trial and must do so within fifty days’ of his being detained. The Court agrees with Lord Phillips that fifty days’ detention falls far short of the length of detention required for a flagrant breach of Article 5 and, consequently, there would be no violation of this Article if the applicant were deported to Jordan. V. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION 236. Under Article 6 of the Convention, the applicant further complained he would be at real risk of a flagrant denial of justice if retried in Jordan for either of the offences for which he has been convicted in absentia. Article 6, where relevant, provides as follows: “In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an independent and impartial tribunal established by law.” A. The parties’ submissions 1. Government 237. The Government submitted that the Court should adopt the House of Lords’ approach and find that Article 6 would only be engaged in the extraterritorial context when an unfair trial in the receiving State would have serious consequences for the applicant. They accepted, however, that in the present case there would be serious consequences for the applicant if convicted and therefore accepted that the “flagrant denial of justice” test applied. 238. The Government further submitted that “flagrant denial” had to be interpreted to mean a breach “so fundamental to amount to a nullification, or destruction of the very essence, of the right guaranteed” (see the dissenting opinion in Mamatkulov and Askarov, cited above). In the Government’s submission, this was a stringent test, which would only be satisfied in very exceptional cases. Moreover, substantial reasons were required for showing that a flagrant denial of justice would occur. 239. The Government adopted the reasoning of SIAC and the House of Lords that the flagrant denial of justice test had not been met in the present case. They accepted that there was a lack of structural independence in the State Security Court but that was remedied by appeal to the Court of