The Government has been barred from deporting six men to Algeria because there is a “real risk” they could be tortured there, judges have ruled.
The Bureau of Investigative Journalism reports that the Special Immigration Appeals Commission ruled against the Home Secretary and in favour of the men, who are accused of having links to Al Qaeda.
The six have been fighting deportation for 10 years.
“It is not inconceivable that these Appellants, if returned to Algeria, would be subject to ill-treatment infringing Article 3 [prohibition of torture under the European Convention on Human Rights]. There is a real risk of such a breach,” the tribunal ruled today.
Home Office lawyers argued that the men, who are held under strict bail and curfew conditions, are a national security risk and that agreements with Algeria against torture were sufficient.
The judges, however, said potential future political instability in the country could undermine the assurances’ longevity.
The Government has 10 days to appeal the decision. The men cannot be identified for legal reasons.
“Viewing the evidence as a whole we are not convinced that the improvements in conditions in Algeria are so marked or so entrenched as to obviate the need for effective verification that the authorities will adhere to the assurances given,” the three judges said.
