Wednesday, November 12, 2008 

The plot thickens over Qatada.

No surprises whatsoever to learn that the leak to the Sun that Abu Qatada was allegedly plotting to flee to Lebanon or the Middle East appears to have emerged directly from the Home Office:

Today, the Special Immigration Appeals Commission was told reports in the News International newspaper on Monday, claiming Qatada planned to flee to the Lebanon, appeared to be based on a briefing from "within government".

Andrew O'Connor, for the Home Office, told the commission the alleged briefing was "unauthorised" and of "great concern" to home secretary Jacqui Smith.

"If, as it appears, much of the report in Monday's edition of the Sun was based on a briefing from within the government that briefing was unauthorised. That report is of real concern and inquiries are being made," O'Connor said.


It doesn't mention that the briefing appears to have extended beyond just the allegation that Qatada was intending to flee, with yesterday's paper claiming that Omar Bakri Muhammad was directly involved in the supposed "plot" to get him out of Britain.

If Bakri's involvement is part of the evidence being used by the government to revoke Qatada's bail, then it is not part of that which was presented in open court. If it makes part of the secret evidence which is yet to be put before the Special Immigration Appeals Commission, then surely that makes the leak of it to the Sun even more serious. On the other hand, it might have been obtained by the Sun of its own volition: their obsession with Bakri Muhammad despite his exile in Lebanon is cheap and frequently nasty, especially when the paper demands that Muslims condemn his opinions as if he was a mainstream Islamic voice or somehow speaking for them.

Regardless of the leak, the evidence put openly against Qatada to justify the revoking of his bail was incredibly weak, with the main claim that a senior al-Qaida leader, Abu Yayha Al Libi, posted a personal message to Qatada on an "extremist website" the most curious. This appears to be a reference to an 8-minute audiotape released by the al-Fajr media group to the jihadist forums back in July, translation with subtitles on Liveleak, just a day after the first images of Qatada going to the shops during his time allowed out of his house were published. CBS News in their analysis of the tape suggested that it could have been a message to Ayman al-Zawahiri or bin Laden himself, but to make it public over the forums seems a strange thing to do, as would they suggestion that they could visit the battlefield to raise the morale amongst the mujahideen, which could potentially be suicidal. Messages between the leaders of al-Qaida have been intercepted in the past, and there's no reason to believe that even with the potential for them to leak that they would start openly issuing messages to each other across the jihadist forums. It's possible then that it was a message meant to be sent to Qatada, although the tape is vague enough to be anywhere near certain, and if so also suggests that his standing within the highest reaches of al-Qaida is undiminished despite the allegations that he served as a double agent prior to his arrest.

Even if we accept that as fact, and that's jumping to conclusions, there's no evidence to suggest that the message had reached Qatada. He is after all banned from using both mobile phones and the internet, and the government is not suggesting that he has breached those rules, or at least not in open court. Whilst the Daily Mail has alleged he was in contact with a "known terrorist" (Yasser Al-Sirri, who although convicted in absentia in Egypt was cleared on another charge by a court in this country, and was involved in attempts to free Ken Bigley before his execution by the forerunner to al-Qaida in Iraq) who was not on the list of those banned from seeing him, it's difficult to believe with all the security surrounding Qatada, with all his visits having to be approved, that the photographs of them both together are anything especially sinister. Qatada's counsel argued that he had known nothing of the message until it was raised yesterday, and the judge, along with the other accusation made in the open against him, that he had breached the terms of his bail by recording a video of him preaching, with his counsel arguing that all it amounted to was a private talk to his children on the importance of Eid, agreed that neither claim was enough to have his bail revoked. The "secret" evidence against him has yet to be heard. One would imagine that it will have to be far more serious and damning than the above for SIAC to agree to the revoking of his bail.

Equally doubtful is that the government will allow him to leave for a third-country, as his solicitor and sympathisers are apparently looking into. Palestine will not be considered an acceptable destination for obvious reasons, and the chances of any country voluntarily offering him sanctuary, especially when the US government can find no takers for Chinese detainees held at Guantanamo Bay and found not guilty of any offence, are slight to say the least. None of this alters the fact that Qatada's continuing effective detention without charge, with few putting much stock in the House of Lords overturning the decision by the appeal court that he cannot be deported back to Jordan to face trial because the evidence against him was obtained via torture, is wholly unacceptable. As said yesterday, the government needs to make a choice: either build a prosecution case against him and face admitting that he was something of an asset to the security services, as Hamza and Bakri both were to certain extents, or introduce intercept evidence which could help in the bringing of that case. Deportation back to Jordan ought to have been the absolute last resort, not the first.

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