Why we should not deport Abu Qatada and be damned

Ignoring the ruling of the European Court of Human Rights would set a dangerous precedent.

The furore over extremist Islamic cleric Abu Qatada, who was granted bail this week, has continued. Some Conservative MPs have demanded that ministers flout the European Court of Human Rights ruling that prevents the British government from deporting him. Camilla Cavendish makes the same argument in the Times (£), saying that "he has had more than his fair share of human rights."

First things first, Qatada is clearly an unpleasant man. He has been described as the spiritual leader of Al-Qaeda in Europe, and is wanted in his native Jordan for plots to murder tourists. But there is no "fair share of human rights" and you certainly don't use them up by doing wrong. Quite the contrary: it is when someone has committed a crime that they are most in need of these safeguards. If there is insufficient legally obtained evidence to convict him in a court, then he should not remain in prison.

The reason his deportation has been blocked is because it seems likely he will either face torture in Jordan, or be convicted on the back of evidence obtained via torture. It is a clear obligation in the European convention on human rights that countries do not people to states where they will face torture.

David Cameron is currently seeking a deal with Jordan, but it seems unlikely that sufficient guarantees on torture will be given. So what of the suggestion that we should deport and be damned? Certainly, it is not unheard of for European countries to flout Strasbourg and expel terror suspects.

France has more than once deported suspects to countries where they face a risk of torture. In April 2008, Rabah Kadri was expelled to Algeria and has not been heard from since. He is just one example: since 2001, dozens of foreign residents suspected of links to extremism Islamic groups have been forcibly deported with little regard for their rights.

Italy, too, has ignored rulings by the European Court of Human Rights to deport several suspected terrorists to Tunisia. Sami Ben Khemais Essid was expelled in June 2008. The government even had to pay €21,000 in damages and compensation after Mourad Trabelsi was expelled in December 2008, while another, Ali Toumi, was deported in 2009.

Cavendish proudly cites these cases as examples that Britain should follow. But just because it has been done, does not mean that it should be done again, or done here. In 2007, Human Rights Watch produced a report on France's deportations of terror suspects, highlighting the profoundly damaging effect this had on France's already troubled community relations. It quoted Kamel Kabtane, the rector of the Grand Mosque of Lyon:

Kamel Kabtane agreed that the overall impact of these kinds of measures is deleterious insofar as they send the message that individuals from the Muslim community are not welcome."The more [you adopt] exceptional measures, the more you put people in a situation of exclusion.And the more you radicalize," he said. Commenting on those most directly affected by expulsions, lawyer Mahmoud Hebia concurred: "Expulsions generate families full of hatred [and] make them susceptible to pressure from terrorist groups."

Quite apart from the fact that exceptionalism of this type is counter-productive is the question of our values. Peter Oborne eloquently makes this point in today's Telegraph:

It should be a matter of enormous national pride that an institution so profoundly British in its inspiration has refused to send an Arab fundamentalist (however despicable his crimes are alleged to be) to Jordan, where he might be tortured, or at best face the prospect of being sent to jail on the back of evidence acquired from a torture victim. Yet this decision has been greeted with horror by all three of our main political parties.

Tuesday's Commons debate, in particular, was a day of shame for Parliament, once famed as the cockpit of freedom and justice. MPs combined to demand that Britain flout the European Court. Only one solitary backbencher, Labour's David Winnick, asked the obvious question: if Abu Qatada is such a bad egg, why not press charges and secure a sentence in court?

Indeed, it is particularly depressing to see Labour attacking the Tories from the right on this. Qatada is deeply unpleasant and deeply hypocritical, attacking British values while depending on human rights laws to remain here. But it remains of paramount importance to uphold the rule of law. We have already seen these values seriously eroded during the war on terror: flouting the European Court of Human Rights would be yet another step in the wrong direction.

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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Northern Ireland election results: a shift beneath the status quo

The power of the largest parties has been maintained, while newer parties running on nicher subjects with no connection to Northern Ireland’s traditional religious divide are rapidly rising.

After a long day of counting and tinkering with the region’s complex PR vote transfer sytem, Northern Irish election results are slowly starting to trickle in. Overall, the status quo of the largest parties has been maintained with Sinn Fein and the Democratic Unionist Party returning as the largest nationalist and unionist party respectively. However, beyond the immediate scope of the biggest parties, interesting changes are taking place. The two smaller nationalist and unionist parties appear to be losing support, while newer parties running on nicher subjects with no connection to Northern Ireland’s traditional religious divide are rapidly rising.

The most significant win of the night so far has been Gerry Carroll from People Before Profit who topped polls in the Republican heartland of West Belfast. Traditionally a Sinn Fein safe constituency and a former seat of party leader Gerry Adams, Carroll has won hearts at a local level after years of community work and anti-austerity activism. A second People Before Profit candidate Eamon McCann also holds a strong chance of winning a seat in Foyle. The hard-left party’s passionate defence of public services and anti-austerity politics have held sway with working class families in the Republican constituencies which both feature high unemployment levels and which are increasingly finding Republicanism’s focus on the constitutional question limiting in strained economic times.

The Green party is another smaller party which is slowly edging further into the mainstream. As one of the only pro-choice parties at Stormont which advocates for abortion to be legalised on a level with Great Britain’s 1967 Abortion Act, the party has found itself thrust into the spotlight in recent months following the prosecution of a number of women on abortion related offences.

The mixed-religion, cross-community Alliance party has experienced mixed results. Although it looks set to increase its result overall, one of the best known faces of the party, party leader David Ford, faces the real possibility of losing his seat in South Antrim following a poor performance as Justice Minister. Naomi Long, who sensationally beat First Minister Peter Robinson to take his East Belfast seat at the 2011 Westminster election before losing it again to a pan-unionist candidate, has been elected as Stormont MLA for the same constituency. Following her competent performance as MP and efforts to reach out to both Protestant and Catholic voters, she has been seen by many as a rising star in the party and could now represent a more appealing leader to Ford.

As these smaller parties slowly gain a foothold in Northern Ireland’s long-established and stagnant political landscape, it appears to be the smaller two nationalist and unionist parties which are losing out to them. The moderate nationalist party the SDLP risks losing previously safe seats such as well-known former minister Alex Attwood’s West Belfast seat. The party’s traditional, conservative values such as upholding the abortion ban and failing to embrace the campaign for same-sex marriage has alienated younger voters who instead may be drawn to Alliance, the Greens or People Before Profit. Local commentators have speculate that the party may fail to get enough support to qualify for a minister at the executive table.

The UUP are in a similar position on the unionist side of the spectrum. While popular with older voters, they lack the charismatic force of the DUP and progressive policies of the newer parties. Over the course of the last parliament, the party has aired the possibility of forming an official opposition rather than propping up the mandatory power-sharing coalition set out by the peace process. A few months ago, legislation will finally past to allow such an opposition to form. The UUP would not commit to saying whether they are planning on being the first party to take up that position. However, lacklustre election results may increase the appeal. As the SDLP suffers similar circumstances, they might well also see themselves attracted to the role and form a Stormont’s first official opposition together as a way of regaining relevance and esteem in a system where smaller parties are increasingly jostling for space.