Othman (Abu Qatada) v. United Kingdom

Othman (Abu Qatada) v. United Kingdom was a 2012 judgment of the European Court of Human Rights which stated that under Article 6 of the European Convention on Human Rights the United Kingdom could not lawfully deport Abu Qatada to Jordan, because of the risk of the use of evidence obtained by torture. The judgment overturns the House of Lords judgment RB (Algeria) v Secretary of State for the Home Department.[1]

This case involved Deportation; Inhuman or degrading treatment or punishment; Jordan; Memorandums of understanding; Retrials; Right to fair trial; Right to liberty and security; Torture.

He was born in Jordan and came to the United Kingdom in September 1993. He made an application for asylum and was recognised as a refugee on June 30, 1994 and granted leave to remain to June 30, 1998. On May 8, 1998 he applied for indefinite leave to remain.

On October 23, 2002 he was arrested and detained under the Anti-terrorism, Crime and Security Act 2001. This Act was repealed in March 2005 and the applicant was released on bail and subjected to a control order. On August 11, 2005, while his appeal against that control order was pending, the Secretary of State served the applicant with a notice of intention to deport.

References

  1. ↑ http://ukhumanrightsblog.com/2012/01/19/no-deportation-for-abu-qatada-but-where-are-we-now-on-torture-evidence-professor-adam-tomkins/

See also