Abu Qatada appeal 'just in time' says Council of Europe

 

Abu Qatada's appeal to European human rights judges against deportation to Jordan may have been lodged “just in time”, according to advice from the Council of Europe.

Home Secretary Theresa May told MPs that the application by Qatada's lawyers should be thrown out by the European Court of Human Rights (ECHR) as the three-month deadline had passed when it was submitted on Tuesday night.

However, Labour released advice from the research department of the Council of Europe - which is responsible for the court - suggesting it may have just beaten the deadline.

The note, sent to the House of Commons Library, stresses that the final decision on whether the appeal is admissible now rests with a panel of five judges from the court's Grand Chamber.

"The Othman (Qatada) case was supposed to become final on 17/04/2012 and, according to the information provided by the European Court, the applicant requested a referral to the Grand Chamber on the 17/04," the note said.

"So I would say that it just in time but of course the Court (panel) may decide otherwise."

The note was signed by Nathalie Chene of Secretariat of the Committee of Ministers Council of Europe.

Earlier, in the Commons, Mrs May was adamant that the appeal deadline had passed 24 hours earlier at midnight on Monday - April 16.

"The Government is clear that Abu Qatada has no right to refer the case to the Grand Chamber of the European Court of Human Rights, since the three-month deadline to do so lapsed at midnight on Monday," she said.

"The Government has written to the European Court to make clear our case that the application should be rejected because it is out of time."

On Tuesday, Mrs May announced Qatada had been rearrested and deportation proceedings resumed in the absence of any appeal against the court's ruling - issued on January 17 - that he would not face torture if he was deported to stand trial on terrorism charges in his native Jordan.

However that night at 11pm local time Qatada's lawyers lodged their appeal with the ECHR.

Today, amid noisy scenes in the Commons chamber, Mrs May accused the lawyers of using "delaying tactics" to hold up the deportation process.

She acknowledged, however, that proceedings would have to be put on hold while the Grand Chamber panel came to a decision on the admissibility of the appeal.

"They are the only final arbiters of what the deadline was," she said.

Pressed by Labour former home secretary Alan Johnson, she said that she took full responsibility for any error by the Government.

"I, of course, take responsibility for decisions that I have taken. This is not a question of what officials have done. I take full responsibility," she said.

Shadow home secretary Yvette Cooper said the "confusion" in the Home Office over the deadline date had played into the hand's of Qatada's lawyers, increasing the potential for delays and for Qatada to obtain bail.

She said that officials should have realised there could be a problem when journalists began querying the deadline date with them on Monday.

"When the Home Secretary is accused of not knowing what day of the week it is, chaos and confusion have turned into farce. But this farce has serious consequences," she said.

Among Tory MPs there was broad support for Mrs May coupled with frustration and anger at the prospect of further hold-ups at the hands of the ECHR.

Backbencher Charles Walker urged her to put the "scumbag and his murderous mates" on a plane out of the country and send "a metaphorical two fingers to the ECHR".

Outside the chamber, however, another Tory MP, Douglas Carswell, was scathing about the Government's handling of the case, saying it was "Carry on Sir Humphrey in the Home Office".

Campaigning in Scotland, David Cameron could not hide his exasperation at the latest setback.

"I sometimes wish I could put him plane and take him to Jordan myself. But Government has to act within the law. That is what we'll do. We will get this done," he said.

PA

Arts & Entertainment
Ricky Gervais at a screening of 'Muppets Most Wanted' in London last month
tvAs the second series of his divisive sitcom 'Derek' hits screens, the comedian on why he'll never bow to critics who habitually circle his work
Arts & Entertainment
Don (John Hamm) and Megan (Jessica Paré) Draper are going their separate ways in the final series of ‘Mad Men’
tvReview: The suits are still sharp, but Don Draper has lost his edge
News
news
Life & Style
Going down: Google's ambition to build an elevator into space isn't likely to be fulfilled any time soon
techTechnology giant’s scientists say there is no material strong enough for a cable from Earth into orbit
VIDEO
Have you tried new the Independent Digital Edition iPad app?
News
David Cameron sings a hymn during the enthronement service of The Most Rev Justin Welby as Archbishop of Canterbury, at Canterbury Cathedral last year
news
Life & Style
From long to Jong: Guy Pewsey outside Mo Nabbach’s M&M Hair Academy in west London before the haircut
fashionThe Independent heads to an Ealing hairdressers to try out the North Korean dictator's trademark do
Sport
Vito Mannone fails to keep out Samir Nasri's late strike
sportMan City 2 Sunderland 2: Keeper flaps at Nasri's late leveller, but Black Cat striker's two goals in 10 minutes had already done damage
Extras
indybest10 best smartphones
News
peopleRyan Gosling says yes, science says no. Take the A-list facial hair challenge
Arts & Entertainment
tvCreator Vince Gilligan sheds light on alternate endings
News
Paul Weller, aka the Modfather, performing at last year’s Isle of Wight Festival in Newport
people
Life & Style
Michael Acton Smith founded Firebox straight out of university before creating Moshi Monsters
techHe started out selling silliness with online retailer Firebox, before launching virtual creatures who took the real world by storm
News
Ethical matters: pupils during a philosophy lesson
educationTaunton School's policy of putting philosophy at heart of its curriculum is one of secrets of its success
Arts & Entertainment
Play It Forward: the DC Record Fair in Washington, US
musicIndependent music shops can offer a tempting alternative to downloads on Record Store Day
Sport
video
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Have you tried new the Independent Digital Edition iPad app?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Online Advertising Account Executive , St Pauls , London

£26K-30k + Bonus, Private Medical Insurance, Company Pension: Charter Selectio...

Advertising Account Executive - Online, Central London

£25K-28k + Bonus, Private Medical Insurance, Company Pension: Charter Selectio...

Senior Infrastructure Consultant

£50000 - £65000 Per Annum potentially flexible for the right candidate: Clearw...

Public Sector Audit - Bristol

£38000 per annum + Benefits: Pro-Recruitment Group: Do you have experience of ...

Day In a Page

Ricky Gervais: 'People are waiting for me to fail. If you think it's awful, then just don't watch it'

Ricky Gervais: 'People are waiting for me to fail'

As the second series of his divisive sitcom 'Derek' hits screens, the comedian tells James Rampton why he'll never bow to the critics who habitually circle his work
Mad Men series 7, TV review: The suits are still sharp, but Don Draper has lost his edge

Mad Men returns for a final fling

The suits are still sharp, but Don Draper has lost his edge
Google finds a lift into space will never get off the ground as there is no material strong enough for a cable from Earth into orbit

Google finds a lift into space will never get off the ground

Technology giant’s scientists say there is no material strong enough for a cable from Earth into orbit
Westminster is awash with tales of young men being sexually harassed - but it's far from being just a problem in politics

Is sexual harassment a fact of gay life?

Westminster is awash with tales of young men being sexually harassed - but it's far from being just a problem in politics
Moshi Monster creator Michael Acton Smith: The man behind a British success story

Moshi Monster creator Michael Acton Smith

Acton Smith launched a world of virtual creatures who took the real world by storm
Kim Jong-un's haircut: The Independent heads to Ealing to try out the dictator's do

Our journalist tries out Kim Jong-un's haircut

The North Korean embassy in London complained when M&M Hair Academy used Kim Jong-un's image in the window. Curious, Guy Pewsey heads to the hair salon and surrenders to the clippers
A History of the First World War in 100 moments: A forgotten naval victory in which even Nature played a part

A History of the First World War in 100 moments

A forgotten naval victory in which even Nature played a part
Vespa rides on with launch of Primavera: Iconic Italian scooter still revving up millions of sales

Vespa rides on with launch of the Primavera

The Vespa has been a style icon since the 1950s and the release this month of its latest model confirms it has lost little of its lustre
Record Store Day: Independent music shops can offer a tempting alternative to downloads

Record Store Day celebrates independent music shops

This Saturday sees a host of events around the country to champion the sellers of well-grooved wax
Taunton's policy of putting philosophy at heart of its curriculum is one of secrets of its success

Education: Secret of Taunton's success

Taunton School, in Somerset, is one of the country's leading independent schools, says Richard Garner
10 best smartphones

10 best smartphones

With a number of new smartphones on the market, we round up the best around, including some more established models
Mickey Arthur: Aussie tells ECB to stick with Ashley Giles

Mickey Arthur: Aussie tells ECB to stick with Ashley Giles

The former Australia coach on why England must keep to Plan A, about his shock at their collapse Down Under, why he sent players home from India and the agonies of losing his job
Homelessness: Why is the supported lodgings lifeline under threat?

Why is the supported lodgings lifeline under threat?

Zubairi Sentongo swapped poverty in Uganda for homelessness in Britain. But a YMCA scheme connected him with a couple offering warmth and shelter
A History of the First World War in 100 Moments: When the world’s biggest shed took over Regent’s Park

A History of the First World War in 100 Moments

When the world’s biggest shed took over Regent’s Park
The pain of IVF

The pain of IVF

As an Italian woman vows to keep the babies from someone else’s eggs, Julian Baggini ponders how the reality of childbirth is often messier than the natural ideal