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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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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