40 terrorists still in country due to human rights law
MORE than 40 foreign terrorists have used human rights laws to remain in the UK, according to an unpublished report delayed by the Home Office.
The study highlights the hugely difficult problem for the Government in deporting jihadists and follows a series of attacks in the UK inspired by Islamic State of Iraq and the Levant.
In the court cases, lawyers – typically funded through legal aid – have successfully prevented foreign-born terror suspects from being sent back to their home countries.
At a time when Britain’s security services are fully stretched, the additional burden of monitoring so many foreign terrorists inevitably adds to the strain.
Details are contained in a report ordered by Theresa May as home secretary into a scheme called Deportation with Assurances (DWA).
The scheme – in theory – allows the UK to expel terror suspects with guarantees they will not be mistreated or tortured in their home country.
But it appears to have broken down, allowing terrorists to remain in the UK. The report is potentially embarrassing for the prime minister as it is expected to highlight the collapse of an initiative she pushed hard for at the Home Office.
The DWA scheme led to the removal of Abu Qatada, a notorious al-Qaedalinked cleric who was sent back to Jordan in 2013 to stand trial on terrorist offences. Qatada was cleared but, since his case, it is understood, no other foreign terror suspects have been returned under the scheme.
The analysis of the Government’s practice of deportations with assurances was carried out by David Anderson QC, the then independent reviewer of terrorism legislation, and co-written with Professor Clive Walker, an international law expert. It was delivered to the Home Office in February. Prof Walker said: “My research suggests there are more than 40 foreign terrorists convicted in the UK who have avoided deportation using the Human Rights Act. The figure is much larger than was previously thought.”
Prof Walker added: “The report is finished. It is a substantial piece of work. David [Anderson] has produced other reports critical or not of the Government which have always been published. My role in it was to compile a detailed description of the rules and regulations about deportation with assurances. I still think the Home Office wish to pursue DWA.”
Thirty-five people have been killed in three separate Isil-inspired terrorist attacks since March – at Westminster Bridge, London Bridge and at Manchester Arena. Another victim died in a far-right attack on a mosque in Finsbury Park on Monday.
Amber Rudd, the Home Secretary, announced a review of Britain’s counter-terror strategy last week and put Mr Anderson in charge of it.
The intelligence agencies and counter terror police are under pressure after it emerged that in the three recent Islamist terror attacks the perpetrators were known to security services.
Lord Carlile, Mr Anderson’s predecessor as independent reviewer of terror legislation, said a shift was needed in the interpretation of the Human Rights Act. He said: “The attacks demonstrate the need to protect the public and that this should outweigh the human rights of terrorists.”
A Home Office spokesman said: “We pursue every possible avenue to remove foreign nationals who threaten our national security and deportation with assurances is just one weapon in our wider armoury.”
The Home Office confirmed 12 people had been deported under DWA and that Mr Anderson’s report would be published “in due course”.