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Muslim Scholar Detained, British Judges Back Anti-Terror Powers

Abu Qatada

LONDON, October 25 (IslamOnline & News Agencies) - The British government Friday, October 25, won a legal appeal confirming its powers to indefinitely detain foreign terror suspects under a law introduced following the September 11 attacks in the United States. This came shortly after the arrest of a Muslim scholar suspected of links with Osama Bin Laden, under the much-criticized anti-terror law.

A panel of appeal judges overturned an earlier court decision which ruled that keeping such suspects in custody for an unlimited period was unlawful, reported Agence France-Presse (AFP).

A spokesman for the Home Office said after the new judgment was handed down: "The government's paramount responsibility is to ensure public safety and national security.


"A responsible government must be honest about the threats we face and must strike a balance to protect both our freedoms and our safety."

In London Wednesday, October 23, the authorities arrested a man of Palestinian origin, wanted by the U.S. for (alleged) links with the al-Qaeda network, according to the Islamic Observatory Centre, a London-based Islamic group.

Omar Mahmoud Abu Omar, aka Abu Qatada, who had disappeared shortly before the laws came into force in December, is on a U.N. list of suspected terrorists with links to Bin Laden.

Home Secretary David Blunkett announced on Thursday October 24, that a suspect had been held under emergency terrorism powers, reported BBC’s online news service.

He refused to identify the detainee, but it is understood to be Qatada - a Jordanian-born Palestinian who was granted asylum in Britain in 1994.

Abu Qatada is wanted in Jordan, where he was convicted and sentenced to life imprisonment in absentia for alleged involvement in a number of explosions in 1998.

U.S. and Spanish investigators described him as "Osama Bin Laden's ambassador in Europe".

He is alleged to have links with shoe-bomber Richard Reid and Zacharias Moussaoui, who is being held under suspicion of involvement in planning the 11 September attacks.

Abu Qatada is one of 12 people arrested in Britain under the Anti-Terrorism, Crime and Security Act, which came into force in November 2001.


Ten of these suspects remain under arrest, while two have left Britain voluntarily, as anyone detained under the anti-terrorism act is entitled to do.

Friday's legal decision overturned an earlier judgment that the act was discriminatory as it did not apply equally to British nationals suspected of terrorist links and was therefore contrary to the European Convention on Human Rights.

Human rights lawyer Shami Chakrabarti, condemned the ruling as an "embarrassment".

In a report published in September, Amnesty International attacked the power given to the Home Secretary, currently David Blunkett.

It said it was "inconsistent with the right to liberty and security" guaranteed in the European Convention for the Protection of Human Rights.

It also said the Act effectively created "a shadow criminal justice system" devoid of a number of crucial safeguards present in the ordinary criminal justice system.

Chakrabarti, a lawyer for pressure group Liberty, told the BBC: "I have never been more embarrassed to be a lawyer or to stand in front of the royal courts of justice.

"Last week, the Lord Chief Justice gave an incredibly eloquent speech about the importance of the judiciary standing up to the government in difficult times.

"He said the temporary unpopularity of the judiciary was a price worth paying in defense of democracy and the rule of law.

"I'm afraid I don't think that promise was honored today."

The judgment was a unanimous ruling by three law lords.

 

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