DAR AL HARB - U.K.: ABU QATADA LOSES APPEAL AGAINST DEPORTATION

Radical Islamic cleric loses appeal against deportation from Britain

LONDON: A radical Islamic cleric accused of having links to terrorist groups has lost his appeal against deportation to Jordan, the Special Immigration Appeals Commission ruled on Monday.

Abu Qatada, 44 — also known by his real name, Omar Mahmoud Mohammed Othman, and as Omar Abu Omar — has been accused by the British government of raising funds for extremist groups and offering "spiritual advice and religious legitimacy" to Islamic extremists planning to carry out terrorist attacks.

"We have concluded that there is no real risk of persecution of the appellant were he now to be returned with the safeguards and in the circumstances which now apply to him," the court said.

The case tested the government's reliance on "memoranda of understanding" with other countries which aim to guarantee the safety of deported suspects.

Government attorneys previously have claimed that Qatada — a London-based preacher described by a Spanish judge as Osama bin Laden's "spiritual ambassador in Europe"_ is a threat to national security and should be deported to his homeland of Jordan.

Qatada's case is seen as the first real test of the British government's plan to deport terrorist suspects to countries with poor human rights records by agreeing to "no torture" deals with foreign governments.

Opponents claim the agreements — not legally binding under international law — offer no protection to suspects.

His lawyer, Gareth Peirce, said she would seek to appeal.

"It is accepted by our government that Mr. Othman would be tortured in Jordan if it were not for a diplomatic assurance which is not enforceable, which carries no sanction if it is breached," she said.

"We believe that in resorting to a diplomatic assurance, this government is evading its responsibilities not just to Mr. Othman but to all refugees potentially to abide by its international and domestic obligations."

The court, however, found Jordan's assurances credible.

"If he were to be tortured or ill-treated, there probably would be a considerable outcry in Jordan... The likely inflaming of Palestinian and extremist or anti-Western feelings would be destabilizing for the government," he judgment said.

"The Jordanian government would be well aware of that potential risk and, in its own interests, would take steps to ensure that that did not happen."

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