UK asked Jordan for Abu Qatada pardon

Home Office ministers sought a pardon for Jordanian terror suspect Abu Qatada in a bid to deport him from the UK, a tribunal has heard.

James Brokenshire, the then security minister, asked Jordanian ministers in February if the radical cleric, once described by a judge as Osama bin Laden’s right-hand man in Europe, could be pardoned if returned.

Even when Mr Brokenshire was told this was not possible by ministers, the government had a “plan B” to research when the King of Jordan could issue such a pardon, an immigration appeals tribunal heard.

Anthony Layden, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, yesterday revealed details of the talks which took place in a meeting in Jordan on 14 February.

Under cross-examination by Edward Fitzgerald QC, for Qatada, Mr Layden agreed that the possibility of a pardon for Qatada was explored.

“I think the question of a pardon had been asked earlier and Mr Brokenshire was asking for an answer,” Mr Layden said.

The pardon was being sought because the evidence against Qatada was “granted by torture”, Mr Layden agreed.

The Special Immigration Appeals Commission (Siac) in London is hearing Qatada’s appeal against deportation after Europe’s human rights judges ruled the 51-year-old could not be deported while there was a “real risk evidence obtained by torture will be used against him”.

Mr Layden also said simple assurances from the Jordanian government that evidence gained by torture would not be used were never going to be enough to deport him as it was a matter for the prosecutors and the courts, not the government.

Later, Whitehall sources said: “The reference to a pardon was in relation to his in absentia conviction, so he could face a new trial in line with the judgment of the European court.”

The hearing continues.