Ministers asked for a pardon for terror suspect

James Brokenshire, the then Security Minister, asked Jordanian ministers in February if the radical cleric, once described by a judge as Osama bin Laden’s right-hand man in Europe, could be pardoned if returned.

Even when Mr Brokenshire was told this was not possible, the Government had a “plan B” to research whether the King of Jordan could issue such a pardon, an immigration appeals tribunal was told yesterday.

Anthony Layden, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, revealed details of the talks which took place in a meeting in Jordan on February 14.

Under cross-examination by Edward Fitzgerald QC, for Qatada, Mr Layden agreed the possibility of a pardon for Qatada had been explored.

The pardon was being sought because the evidence against Qatada was “granted by torture”, Mr Layden agreed.

The Special Immigration Appeals Commission (Siac) in central London is hearing Qatada’s appeal against deportation after Europe’s human rights judges ruled the 51-year-old could not be deported while there was a “real risk that evidence obtained by torture will be used against him”.

The UK Government also asked Jordanian prosecutors if they would give “an undertaking in advance that they would not rely on the statements” gained through torture, but the Jordanians refused, Mr Layden agreed.

An attempt to get the State Security Court to rule on the admissibility of the statements before Qatada is deported was also rejected, he added.

But Mr Layden dismissed suggestions the Home Office had set a “minimum requirement” to deport Qatada, that the risk that the statements allegedly gained through torture would be used in a retrial should be removed entirely.

“I never accepted that it would ever be a minimum requirement. This was never any kind of considered Government policy or considered political or legal representation,” he said.

Yesterday, the tribunal was also told Qatada was “scraping the barrel” in an appeal against deportation.

The Government is satisfied that evidence gained through torture would not be used against Qatada in any trial over terror charges, Robin Tam QC, for the Home Secretary, said.

Even if Qatada loses when the Siac decision is handed down next month, he could appeal again to Europe’s human rights judges.

Qatada has been in detention for seven years – the longest period of administrative detention in modern English history.

The radical cleric, who is also called Omar Mahmoud Mohammed Othman, has challenged and ultimately thwarted every attempt by the Government over the past decade to put him on a plane and is fighting against deportation at the immigration tribunal appeal in central London.

Repeated failed attempts by UK governments over the last 10 years to deport Qatada, who is in custody and did not attend yesterday’s hearing, have cost nearly £1m in legal fees, Government figures show.

Qatada, who is said to have wide and high-level support among extremists, was convicted in his absence in Jordan of involvement with terror attacks in 1998 and faces a retrial in his home country.

Qatada “is not a household name in Jordan and the Jordanian government will not be under enormous pressure to get him convicted at all costs”, Mr Layden added.

“In Jordan today, there’s precious little support for Islamic extremists and that’s one of the reasons why Abu Qatada is no longer seen as a threat to Jordan.”

The hearing continues.