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Suspected terrorist wins appeal

12:05, Jan 25 2013

 

A suspected terrorist from Algeria with links to supporters of al Qaida has won his appeal to stay on British soil over fears he may kill himself if deported.

The North African fanatic, who does not dispute posing a threat to national security and is currently free on bail, is believed to have provided travel arrangements and fake passports to terrorists.

But in a blow to the Home Office, a special immigration court has allowed the 43-year-old to remain in Britain amid concerns his human rights will be breached because he is likely to commit suicide once returned to his home country.

In the same judgment, Mr Justice Mitting - who recently upheld hate preacher Abu Qatada's appeal to remain in Britain - told six other Algerian terror suspects they must leave the country.

But the senior immigration judge warned that despite his ruling there was "no end in sight" to removing the men, who are also free on bail and include two fundamentalists linked with an alleged 2003 plot to commit mass murder using the poison ricin.

The Special Immigration Appeals Commission (Siac) decision comes shortly after a devastating terror attack on a gas facility in Algeria, which claimed the lives of dozens of hostages and pushed UK counter-terrorism efforts in North Africa to the top of the agenda at Westminster.

The Algerian who won his appeal - who cannot be named for legal reasons and was referred to as "G" - claimed asylum when he was caught entering the UK in 1995 on a fake passport. A previous open judgment revealed he did not dispute the Home Secretary's case that he poses a risk to national security.

But the terror suspect was diagnosed with a major depressive disorder and is said to rely heavily on his wife. He made a serious suicide attempt in 2005 when he was found hanging in his cell in HMP Belmarsh.

Medical experts concluded that medication would not help mitigate the suicide risk, only round the clock supervision could do that. As a result, Mr Justice Mitting said: "We must look at the totality of the psychiatric evidence in the round. We are persuaded by it that the risk that G would commit suicide, especially after arrival in Algiers, is very high.

"It may be containable in the UK but no special arrangements have been negotiated with Algeria to cope with it." He concluded that the UK would be in breach of Article 3 of the European Convention on Human Rights - that no one shall be subjected to torture or to inhuman or degrading treatment or punishment - if he were deported in his present condition.

 
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