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Tuesday, April 17, 2012 

Abu Qatata, finally?

Credit where credit is due then: the government could have taken the advice of the head bangers on the Tory backbenchers (and head banger is the only way you can possibly describe Peter Bone, whose surname seems to be lacking something) or followed the wonderful example set (allegedly) by the French and Italians, and just stuck your friend and mine Abu Qatada on a plane to Jordan (the country, not the model, although they could perhaps be the ultimate odd couple in a sitcom: she's had more surgery than Michael Jackson and Joan Rivers combined; he's never had a shave).

Instead, if we're to believe Theresa May, our need to deport an unwanted extremist has struck a blow for human rights in general in the country. In practice, this doesn't look quite so clear cut. The European Court of Human Rights ruled Qatada couldn't be deported in the main because the evidence of his co-defendants, which would make up the majority of the case against him, was obtained as a result of torture. May states that as they have since been pardoned, and that whatever they say will no effect upon those pardons, "we can therefore have confidence that they would give truthful testimony". This is dubious in the extreme. Their pardons might not be affected, but this hardly means that an authoritarian state can't put pressure on them in other ways.

May also seems to contradict herself. She said in her statement that Qatada will be able to challenge the original statements made against him, then states "[I]ndeed, one of the more significant recent developments is the change to the Jordanian constitution last autumn that includes an explicit ban on the use of torture evidence". Presumably if there's an explicit ban on the use of torture evidence then Qatada won't need to challenge the original statements as they won't be admissible? And in any case, there are plenty of vile regimes that in their constitutions have explicit restrictions on certain practices that they nonetheless indulge in. As nit-picking as this might look, these are exactly the sort of doubts that should Qatada appeal again to the ECHR will have to be addressed and answered.

On the whole though it's difficult not to applaud. As there seems to be no chance whatsoever that the government will reconsider and instead decide now that Qatada should be prosecuted here, especially after it's gone to all this effort to persuade the Jordanians to in turn persuade the ECHR that they can be trusted to try him fairly, this is undoubtedly the second best option. It not only shows, as pointed out previously by Maajid Nawaz, that we will not succumb to the very thing that the government's counter-extremism strategy defines as being unacceptable, the undermining of the rule of law, it also indicates that when really pushed we can work with countries such as Jordan to help them improve their systems of government without then in turn selling them weapons as a reward. It does mean that it's doubtful we'll ever learn exactly how intertwined Qatada was with the security services, and there's plenty of reasons why we shouldn't believe that MI5 only had contact with him three or so times prior to 9/11, but if it means we are rid of one of the main reasons for why the tabloids so loathe the ECHR and in turn the Human Rights Act, although there are plenty of others, then it'll at least somewhat make up for it.

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