By KUNA
London : A controversial ruling which dealt a major blow to the British Government’s anti-terror policy was upheld by the Court of Appeal, in central London, Wednesday.
Britains Home Secretary Mrs Jacqui Smith had challenged the decision of the Special Immigration Appeals Commission (SIAC) to allow appeals by two Libyan terror suspects against deportation.
It was the first test of the “Memoranda of Understanding,” MOU, which the Government had signed with Tripoli to remove suspects without breaching human rights laws.
SIAC found the men faced a risk of ill-treatment, including torture, if they were returned to Libya.
Today a panel of three senior judges said it was agreed that the pair, identified only as “AS” and “DD,” were a threat to national security with links to Al Qaeda.
They said the Home Office accepted that, but for MOU the UK would have serious concerns about the real risks faced by the men as extreme Islamist opponents of the Libyan regime and their alleged membership of the “Libyan Islamist Fighting Group.” The Home Office claimed SIAC applied a wrong test to the degree of risk faced by the men if deported and did not give sufficient weight to the evidence that Libya would abide by the terms of the MOU.