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Monday, July 08, 2013 

So. Ta ta then.

Abu Qatada is gone.  Not, despite the attempts at further myth making and spin from the Home Office, because he had finally ran out of legal options, but almost certainly down to him realising that even if he had appealed again and delayed his deportation for another couple of years, he was never going to be able to live free (and die hard? Ed.) in this country.  It's worth remembering that with the exception of a short period when he went "missing" after 9/11, Qatada spent the vast majority of the past decade either in Belmarsh or Long Lartin, or during the periods he was released on bail/control order, under the kind of curfew and restrictions that would rid life of pretty much all enjoyment.

Moreover, Qatada never faced a single charge in this country.  If he had appealed, it's possible he could have been charged with some sort of offence over the material allegedly found in his home when he was last arrested which breached his bail conditions, but that's now rather moot.  It might have taken 8 years for Qatada to be deported, longer if you include the time he spent detained without charge between 2002 and 2004, yet it's surely just as unacceptable that someone should spend that period of time under effective detention with charge.  Babar Ahmad suffered a similar fate, despite it being unclear at best whether he had committed any offence whatsoever under UK law.

Qatada then went of his own accord, giving at least as his public justification that he now felt assured he wouldn't face a trial in his home country where the evidence against him would be tainted by torture.  This in itself is an indictment of successive governments, rather than it is of Qatada, or an outrage that human rights laws prevented us getting rid of him at the first opportunity.  For most of that time period ministers were perfectly happy for someone, however unpleasant, dangerous or even murderous, to be deported back to an authoritarian state where torture has long been endemic and trials by the same token are unfair.  We would protest bitterly were a UK citizen subject to such abuses, or we would if it happened in a nation state we aren't friendly with, considering the prevarication over those accused of bombings in Saudia Arabia.  Just look at the campaigns, both successful and unsuccessful, to stop the deportation of the Natwest Three and Gary McKinnion, and that was to the US.

Grudgingly, successive home secretaries were forced to take the legal route.  However it came about, the end result has been for the judicial system in Jordan to be made at the very least fairer, benefiting the population there greatly as a by-product.  Rather than celebrate this as an example of soft power, of the way that diplomacy can result in reform, the government naturally has presented this triumph as exactly why we should consider scrapping the Human Rights Act and even possibly withdrawing from the European Convention on Human Rights altogether.  They can't explain why this needs to happen now, as there isn't a similar case waiting in the wings, and even if there was, it clearly wouldn't take as many years now that it's apparent that people can't be deported back to countries where the evidence against them was the product of torture.  If you want to get rid of someone in such circumstances, either the evidence has to be dropped, or they can't be sent back.  It isn't difficult.

Indeed, considering some of the wilder estimates and that it took 8 years, the reported bill to the taxpayer of £1.7m seems relatively slight.  Quite why it was deemed necessary that a private jet had to be charted for his journey back to Jordan is unclear, especially when security was so lax that Qatada was not handcuffed at any point.  Considering the way in which asylum seekers who have had their request rejected are dealt with, often travelling on commercial flights, his departure could surely have been arranged in a similar way had it been desired.  That wouldn't however have provided the pictures that politicians clearly wanted, of Qatada not quite being carted off but certainly being sent on his merry way.  Regardless of their supposed anger, it summed up what the Qatada case became: not about the rights and wrongs, but about being "tough". 

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