- We can’t reverse Italy’s deportation of terrorist to Tunisia, admits ECHR
- Tory MP leads calls for Britain to follow suit with hate cleric Abu Qatada
For years, successive governments have insisted that extremist preacher Abu Qatada cannot be kicked out of Britain, claiming it would breach his human rights.
Perhaps we should have looked to Italy as an example.
Yesterday the European Court of Human Rights admitted it is effectively powerless to intervene in the case of a convicted terrorist deported from Italy.
Although the Strasbourg court ordered that compensation be paid to Mohamed Mannai, who was sent home to Tunisia in 2010 in breach of a court order, officials said they are unable to force Italy to take him back.
A spokesman said: ‘Once the applicant has been deported there is nothing much we can do because he is in Tunisia, a country that is not part of the European Court of Human Rights.’
Last night, the ruling prompted calls for ministers to follow Italy’s example and deport Qatada.
The Government has argued the radical Islamist – described by a judge as Osama Bin Laden’s right hand man in Europe – cannot be removed to his home country of Jordan because of an ECHR judgment.
The court’s judges said Qatada could not hope to receive a fair trial there because it would likely be based on evidence obtained by torture.
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But Dominic Raab, Tory MP for Esher and Walton, said: ‘The Italian and French governments have a track record of ignoring Strasbourg in deportation cases where there is a risk of torture with precious little consequence.
Police said the cell planned attacks in Italy and brainwashed recruits to act as suicide bombers. After Mannai’s conviction, the Milan court said he should be deported at the end of his sentence.
However, the ECHR ordered Italy to block the deportation while it considered if sending him home would breach his human rights.
Despite this order, within months of finishing his sentence in February 2010, Mannai had been put on a plane back to Tunisia.
Yesterday the ECHR criticised the Italian government for ignoring its earlier ruling and ordered it to pay Mannai 15,000 euros (£12,500) plus expenses.
The Council of Europe has also written to the Italian government, saying it is ‘deeply concerned’ by its actions.
Italy took similar steps in June 2008 when it ignored a court ruling and sent convicted terrorist Ben Khemais back to Tunisia.
The Home Secretary is currently negotiating with the Jordanian government to get assurances that Qatada would be given a fair trial.
Last week Theresa May refused five times in an interview to say whether she would defy Strasbourg judges and return the hate preacher.
However, she insisted she wanted to find a way to deport Qatada so the Government was ‘not required by any court’ to take him back.
A Whitehall official last night pointed out that while Mannai had been deported as his case was still pending, a final judgment had been made with regards to Qatada.
Government lawyers fear that any attempt at removing him would therefore be in contempt of court.
