Bin Laden's 'right-hand man' set for life on British benefits after judges rule deportation would breach his human rights

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Abu Qatada: Cannot be deported to Jordan

They overturned a decision by a special panel last year that the extremist cleric, who is known as Osama bin Laden's ?right-hand man? in Europe, could be sent to his home country.

The Home Office may even have to free Qatada if the Law Lords and European judges uphold the decision of the Court of Appeal and he cannot be brought to trial.

Ministers would be very reluctant to order such a move which would spark uproar.

Qatada could be placed under a control order to monitor him but this system has proved ineffective in several cases where terror suspects have gone on the run.

The Court of Appeal also upheld the panel's blocking of the deportations of two other suspected terrorists to Libya on the grounds that they may be tortured.

The rulings are a blow to the Government's anti-terror laws as it had signed memorandums of understanding with Jordan and Libya that individuals expelled from the UK would get fair trials and not be tortured.

The pacts are key to removing around 20 terror suspects to countries which sanction torture or the death penalty.

Home Secretary Jacqui Smith launched an immediate appeal to the Law Lords against the Qatada judgment.

Right-hand man: Qatada is Osama bin Laden's (pictured) spiritual ambassador

The case could end up in the European Court of Human Rights leaving the British taxpayer with a bill expected to hit £500,000.

Ministers hailed a ruling by the Special Immigration Appeals Commission last February that Qatada, now in Belmarsh prison, could return to Jordan.

But a panel of three senior judges headed by the Master of the Rolls, Sir Anthony Clarke, today quashed this judgement on the grounds that the Jordanian national could face a trial in which evidence against him may have been extracted by torture.

However, the Government stressed Qatada's deportation was blocked on just one ground, despite claims by his lawyers that he would face beatings, and is confident this obstacle can be resolved.

Home Office Minister Tony McNulty said: ?We are seeking to overturn that point, and I believe that we will be able to secure his deportation to Jordan.

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