92
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
289. The applicant did not submit a claim for just satisfaction.
VII. RULE 39 OF THE RULES OF COURT
290. The Court recalls that, in accordance with Article 44 § 2 of the
Convention, the present judgment will not become final until (a) the parties
declare that they will not request that the case be referred to the Grand
Chamber; or (b) three months after the date of the judgment, if referral of
the case to the Grand Chamber has not been requested; or (c) the Panel of
the Grand Chamber rejects any request to refer under Article 43 of the
Convention.
291. It considers that the indications made to the Government under
Rule 39 of the Rules of Court (see paragraph 4 above) must continue in
force until the present judgment becomes final or until the Panel of the
Grand Chamber of the Court accepts any request by one or both of the
parties to refer the case to the Grand Chamber under Article 43 of the
Convention.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Declares the application admissible;
2. Holds that the applicant’s deportation to Jordan would not be in violation
of Article 3 of the Convention;
3. Holds that there has been no violation of Article 3 taken in conjunction
with Article 13 of the Convention;
4. Holds that the applicant’s deportation to Jordan would not be in violation
of Article 5 of the Convention;
5. Holds that the applicant’s deportation to Jordan would be in violation of
Article 6 of the Convention on account of the real risk of the admission
at the applicant’s retrial of evidence obtained by torture of third persons.
Done in English, and notified in writing on 17 January 2012, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Lawrence Early
Registrar
Lech Garlicki
President
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