Abu Qatada exile prevented in human rights court

Strasbourg judges ban UK from sending extremist priest back to Jordan because of threat of investigation on torture-contaminated evidence.

The European court of human rights has obstructed the banishment to Jordan of Abu Qatada – who been called Osama bin Laden's right-hand man in Europe – because he jeopardizes facing an investigation based on torture-infected evidence.

The Strasbourg judges sustained the British government's plan of trying to extradite global terror suspects to carries on which have given diplomatic pledges that they will not face torture or inhuman or humiliating treatment.

But in a verdict published on Tuesday the human rights court said there remained an actual danger that evidence collected by torture would be utilized against Qatada, or Omar Othman as he is also identified, and that would amount to a "deliberate rebuff of justice".

The human rights judges declare that in Jordan torment and the use of evidence acquired by torture in the courts is prevalent.

The judgment signifies that Qatada could request for bail within days to be freed from Long Lartin highest security jail in Worcestershire where he is being detained. It is expected that the Home Office will attempt to claim on the strictest possible bail clauses similar to a new form of control order that would place him under house detention for part of the day.

Though the Strasbourg judges sustained Britain's "exile with assurances" agreement with Jordan, their ruling to block the elimination of the most high-profile remaining worldwide terror suspect in the UK must put a queries indicate against the reliability of the plan. The verdict states that the malfunction of the Jordanians to give a precise assurance that torture-tainted evidence would not be utilized against him means he should not be sent back.

In excess of ten years after 9/11 there are about half a dozen remaining terror suspects that Britain is attempting to send to countries including Algeria and Egypt.

Qatada, a Jordanian citizen born in 1960 near Bethlehem, was first arrested in Britain 2002 under the "Belmarsh" legislation as an al-Qaida suspect. He has been prisoner in his absence in Jordan of being engaged in two terrorist plans in 1999 and 2000 to do bomb attacks. The human rights court decision illustrates that the witnesses of his involvement was collected by torturing one of his co-defendants and there was a higher possibility it would be used at his re-investigation and that it would be "of significant, perhaps vital importance".

The verdict says: "In the absence of any assurance by Jordan that the torture witnesses would not be used against Mr Othman, the court therefore concluded that his deportation to Jordan to be thus retried would give rise to an obvious denial of justice in infringement of article six." Article six of the European convention on human rights conceals the right to an impartial trial.

Shami Chakrabarti, the director of Liberty, said: "The court started that torture and evidence obtained that way is prevalent in that country.

"So it is obvious that if Abu Qatada is to be attempted for terrorism, this should occur in a British court without any delay."

The home secretary, Theresa May said: "I am saddened that the court has made this verdict. This is not the last part of the road, and we will now think all the lawful choices available to us. In the meanwhile, Qatada will remain in imprisonment in the UK.

"It is significant to note that this verdict does not stop us seeking to deport other foreign nationals."