Othman (Abu Qatada) v. Secretary of State for the Home Department

Abstract

Aliens — Immigration and deportation — Deportation of non-national to State of nationality — Whether lawful — Mr Othman deemed to be danger to national security in United Kingdom — Deportation order authorized by Home Secretary — Non-enforcement of deportation order pending outcome of European Court of Human Rights proceedings — Strasbourg judgment — Subsequent developments — Home Secretary refusing Mr Othman’s request to revoke deportation order — Special Immigration Appeals Commission allowing Mr Othman’s appeal — Home Secretary appealing judgment of Commission — Whether Commission had erred in law

Human rights — Right to a fair trial — Article 6 of European Convention on Human Rights, 1950 — Prohibition on use of evidence obtained by torture — Test identified by Strasbourg Court — Whether real risk of flagrant denial of justice if Mr Othman retried in Jordan — Whether Special Immigration Appeals Commission erred in elevating requirement that burden of proof be placed on prosecutor into determinative factor — Whether Commission’s assessment of facts irrational — Whether Commission failing to consider question of risk in the round — Evidence that would be used in retrial — Risk that evidence obtained by torture — Risk that evidence would be admitted at retrial — Whether Commission properly assessing risk — Whether Commission had erred in law

Human rights — Prohibition of torture — Torture universally abhorred as an evil — Whether risk evidence obtained by torture — Whether risk evidence would be admitted at retrial — Whether real risk of flagrant denial of justice if Mr Othman deported to Jordan to face retrial — Whether deportation would violate Article 6 of European Convention on Human Rights, 1950 — Lawfulness of deportation

Terrorism — Deportation — Suspected terrorist deemed to be danger to national security in United Kingdom — Relevance — Deportation order for Mr Othman to return to native Jordan — Whether lawful — Whether deportation would violate Article 6 of European Convention on Human Rights, 1950 — The law of England