A high-security prison governor acted reasonably when he took steps to prevent Abu Qatada, the Muslim preacher, 'radicalising' young Muslim inmates, the High Court ruled today. Judges ruled that action taken to restrict the possible "malign influence" of Qatada, 49, at Long Lartin in Worcestershire was justified and proportionate.
He is among six Muslim international terror suspects who are unconvicted of any offence but held in a special detainee unit at Long Lartin. The high-profile detainees face extradition requests from other countries for alleged terrorist offences but have launched legal challenges or cannot be deported because of the risk they will be tortured. They include Khalid Al-Fawwaz, 47, and Adel Abdel Bary, 49, who are both wanted by the US authorities for conspiracy to murder American citizens in the synchronised bombings of US embassies in Nairobi and Dar es Salaam in August 1998. Qatada faces jail in Jordan for terrorism but alleges his conviction was based on evidence extracted by torture.
On Thursday, Lord Justice Aikens, sitting with Mr Justice Openshaw, rejected challenges to a decision by Long Lartin governor Ferdie Parker, in December 2008, to change the living conditions for all the detainees after Qatada returned to the unit.
The effect was to confine them to the unit for all purposes, except for health care and family visits, and ban them from mixing with other prisoners. Qatada came from Belmarsh Prison in south-east London, where he was accused of attempting to "foment trouble" and inciting other prisoners to challenge authority.
Lord Justice Aikens said the case was not an easy one, but ultimately the court ruled the governor's decision was reasonable. The judge declared that a governor of a high-security prison "must have a wide discretion" with regard to Category A prisoners and those suspected of terrorist acts outside the UK, even if they were unconvicted.
The judge added: "Secondly, we accept that the key decision was the reappearance in the prison of Mr Othman. It is clear that he can – and could in December 2008 – exercise a malign influence on other Muslims, including prisoners, and in particular, on impressionable young men, many of whom might be susceptible to his brand of extremism."
The ruling follows reports that radical Muslim gangs are imposing a form of Islamic law in the jail, with non-Muslim inmates being forced to stop playing "Western music" and to take down pictures of women in their cells.
Tim Owen QC had argued the unit was so oppressive it violated the "right to private life" under Article 8 of the European Convention on Human Rights, or created a significant risk of violation.
The judges rejected claims by human rights lawyers that the "sudden and dramatic" change of regime in 2008 had led to "claustrophobic and depressing" conditions and was disproportionate and unjustified.
The six suspects were accommodated in suitably-sized cells and had access to TV, radio, newspapers, books and computers, he said. They could also pursue hobbies and educational activities within the unit, sit outside in an open courtyard, or use an exercise yard and mini-gym.
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