SIX ALGERIAN terror suspects with links to Osama Bin Laden and Al Qaeda are to
be allowed to stay in Britain after the Home Secretary admitted defeat in a
ten year legal battle to deport them.
The move follows a challenge under the Human Rights Act which found that the
six men were at risk of torture if they were deported to Algeria.
The Sun on Sunday understands that Theresa May will not appeal a decision by
the Special Immigration Appeals Commission (SIAC), effectively granting the
men the right to live in the UK.
It is a major blow to the UK Government’s counter-terrorism policy and the
Home Office’s ability to deport terror suspects to countries with dubious
human rights records.
The men, who are all alleged to have links to Al Qaeda, are deemed a threat to
national security.
One is linked to a UK terror plot while another is said to be a leading
organiser for terror plots overseas and who had “direct links” to bin Laden.
Another is alleged to be an associate of Abu Hamza who is a serving a prison
sentence in the US for terrorism.
They cannot be identified for legal reasons and are now living in England on
strict bail conditions.
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The UK Government had been relying on a system of diplomatic assurances from
middle east countries that none of the men would not face torture on their
return.
But the judges said: “It is not inconceivable that these Appellants, if
returned to Algeria, would be subjected to ill-treatment infringing Article
3.
“There is a real risk of such a breach.
“The different means of verification of adherence advanced by the Respondent
do not, taken together, amount to a robust system of verification.
For these reasons, in addition to the matters addressed in the closed and
protected judgments, the appeals succeed.”
A Home Office spokeswoman: “We are extremely disappointed with SIAC’s judgment
in this case which dates back over ten years.
“Our priority remains the safety and protection of the British public and
we will continue take every measure possible to remove foreign nationals who
we deem a risk.
“Deportation with assurances is just one of the methods we pursue.”