Deportation with Diplomatic Assurances against Torture "Abu Qatada"

Abstract

“This man has no right to be in our country, he is a danger to our country and we want to remove him from our country”. This was the somewhat despairing but determined words of David Cameron, the British Prime Minister, who vowed that they will get Abu Qatada (whose real name is Omar Othman) out of the UK. In fact the Prime Minister says he sometimes wishes he could take Abu Qatada to Jordan himself, but the Government must abide by the law. The Law David Cameron referred to was the UK’s obligations under the European Convention on Human Rights (“the Convention”), specifically Article 3 of the Convention. Article 3 renders deportation unlawful where there are substantial grounds for believing that an individual will face a real risk of torture, inhumane or degrading treatment or punishment on return.