An image relesead by the SITE intelligence group in 2009 shows Abu Qatada/AFP
The court in its judgement said there was a “real risk” that evidence against Abu Qatada, a radical British-based Muslim cleric, had been “obtained by torture of third persons” in custody in Jordan.
The court “finds that there is a real risk that the applicant’s retrial would amount to a flagrant denial of justice” — a violation of Article 6 of the Convention on Human Rights.
Abu Qatada, once labelled the late al-Qaeda leader’s right-hand-man in Europe by a Spanish judge, maintained he faced torture in his homeland after being sentenced in his absence to life imprisonment for terrorism offences.
Abu Qatada, also known as Omar Mohammed Othman, is included on a UN list of people associated with the presumed perpetrators of the 2001 9/11 terror attacks in the United States.
Jordan says Abu Qatada, who has had political asylum in Britain since 1993, conspired to carry out 1998 bombings in Amman, Jordan on the American School and the Jerusalem Hotel.
He also funded a terrorist network known as Reform and Challenge (Al-Islah Wal Tahhadi) which was dismantled in 1999, but received an amnesty for those charges.
Amman has repeatedly urged London to extradite him.
A Jordanian of Palestinian origin, he has been in and out of prison since moving to Britain.
“The applicant has discharged the burden that could be fairly imposed on him of establishing the evidence against him was obtained by torture,” the court said.
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