The radical Islamist cleric Abu Qatada is to be released from Long Lartin high security prison after winning his latest legal challenge against being sent back to Jordan, where he faces allegations of plotting bomb attacks.
Qatada, who was once described by a Spanish judge as Osama bin Laden's righthand man in Europe, is to be released on Tuesday on an electronic tag to enforce a 16-hour curfew between the hours of 4pm and 8am and under severe restrictions as to who he can meet.
His release, following a ruling by the special immigration appeals commission (Siac), is a setback for the home secretary, Theresa May, who personally secured assurances from the Jordanian authorities that Qatada would not face a trial based on evidence obtained by torture. She intends to fight the ruling, and the Home Office immediately gave notice of its intention to go directly to the court of appeal.
Mr Justice Mitting and the two other senior judges who allowed Qatada's appeal said that despite those assurances a real risk remained that he would face a trial based on such evidence. They said changes needed to be made to the Jordanian criminal code before they could be satisfied that the risk no longer existed.
Qatada, whose real name is Mohammed Othman, has waged a seven-year fight against his deportation. He has previously been described by the British courts as "a truly dangerous individual at the centre in the United Kingdom of terrorist activities associated with al-Qaida".
The three Siac judges – Mitting, Peter Lane and Dame Denise Holt – recommended his release on bail. His lawyer, Edward Fitzgerald, QC, told the court: "There is no justification for continuing to deprive Mr Othman of his liberty. Enough is enough, it has gone on for many, many years."
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