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With his long grey hair and white beard, Jamil el-Banna looked much older than his 45 years yesterday as he tasted freedom for the first time since his return from Guantanamo Bay.
Mr el-Banna was released on bail by a judge pending a legal fight against extradition to Spain on allegations that he belonged to a terrorist cell linked to the September 11 attacks. He had been held on a European arrest warrant, issued within hours of his return to Britain from the American internment camp, and brought before City of Westminster Magistrates’ Court.
Lawyers for the Spanish Government alleged that Mr el-Banna was a member the Islamic Alliance, allied to al-Qaeda, and should stand trial in Madrid. If extradited and convicted, he could be jailed for up to 15 years.
District Judge Timothy Workman released Mr el-Banna on stringent bail conditions stipulating that he reside at his home address in Dollis Hill, northwest London, observe a curfew and wear an electronic tag.
The actress Vanessa Redgrave provided surety for half the £50,000 bail for Mr el-Banna and a further £15,000 as surety for the bail of Omar Deghayes, 37, who followed Mr el-Banna into the dock. Mr el-Banna, a Jordanian-Palestinian, emerged from court to thank the tens of thousands of Britons who had campaigned for his release from Camp Delta. “Thank you very much everybody, my solicitor, the British people, the British Government for your help,” he said. “I’m tired. I want to go home and see my children.”
Until he arrived home to an emotional family reunion, Mr el-Banna had never seen his youngest child, a daughter. His wife was pregnant when he was picked up by the CIA, after an MI5 tip-off, in The Gambia in November 2002.
Next into the dock was Omar Deghayes, 37, from Brighton, who was also freed from Guantanamo Bay and is wanted by Spain. Mr Deghayes, a Libyan, was also freed on £50,000 bail until the next hearing on January 9.
The third Guantanamo Bay detainee who returned to Britain on Wednesday, Abdennour Sameur, 34, an Algerian, was released without charge after being held overnight at Paddington Green high-security police station. His lawyers said that he had agreed voluntarily to abide by security conditions requested by the Government.
The requests for Mr el-Banna and Mr Deghayes were made by Judge Baltasar Garzón, who had previously sought the extradition of the former Chilean dictator Augusto Pinochet.
He alleges that Mr el-Banna and Mr Deghayes were part of a cell led by Imad Eddin Barakat Yarkas. Yarkas is serving a sentence in Spain for his links to the September 11 atrocities in 2001. His group had links with Abu Qatada, the extremist London-based cleric, said to have been a friend of Mr el-Banna. In a decree issued in Madrid, Judge Garzón wrote that Spain required the men’s extradition “without delay” because they had worked with Yarkas to “support and recruit members to send to military training camps in Afghanistan”.
Melanie Cumberland, for the Spanish Government, told the court that Mr el-Banna was part of the terrorist cell between 1996 and 2001. She added: “He received and distributed extremist propaganda, some of which had been produced by Osama bin Laden. The cell sent funds to Afghanistan to finance the aims of the organisation, sometimes using human carriers or other means.”
Miss Cumberland said that Mr el-Banna had a conviction for credit-card fraud in 1998. He first came to Britain illegally in 1994 on a false Kuwaiti passport and was granted indefinite leave to remain.
Edward Fitzgerald, QC, for Mr el-Banna, said that there was “not a shred of evidence” in the Spanish warrant. He said that a US administrative review board had conducted an exhaustive investigation into his client in Guantanamo Bay and concluded that he was no threat to the US or its allies. MI6 had concluded that Mr el-Banna was not enough of a threat to require the imposition of a control order.
Applying for bail, Mr Fitzgerald said that there was no prospect of Mr el-Banna absconding. “After five years of hell in a situation which was a gross violation of all his rights under international law, having finally come back to this country, there is no possible reason for him to leave this jurisdiction.”
Prisoners
January 11, 2002 First prisoners arrive at Guantanamo Bay camp. Omar Deghayes, who fled persecution in Libya as a young man, is among the first British prisoners to arrive after his arrest in Pakistan in 2001
2003 Jamil el-Banna, Jordanian refugee and British resident, is flown to Guantanamo Bay from Afghanistan after arrest in The Gambia
March 19, 2004 Five British detainees are released
August 2007 The British Government requests the release of five other British residents
December 19 Two released men, Omar Deghayes and Jamil el-Banna are arrested on Spanish extradition warrants after returning to UK
December 20 Mr el-Banna and Mr Deghayes are released on bail pending a legal fight against their extradition to Spain. Abdenour Sameur is released without charge
Source: Times database
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We don't want/need these men ( or their families) here. They have no right to be here.
eric muldownie, London, UK
The shame for all of us is overwhelming.
EDWARD SYNGE, TISBURY, uk
To Doug - Who is paying your student fees? Who is paying your prescription charges, who is funding your air ambulances? The ENGLISH taxpayer, that is who!
Roger T, Nottingham, UK
I do love Armagan's comments. What intrigues me is the fact he was arrested in Afganistan. What on earth is a man doing seeking asylum in Britain one minute then in Afganistan on 'holiday' when he's from Jordan? I have friends here in London from Jordan and they would never go to Afganistan except for business and most middle easterns are not in the business of hanging around terrorist 'hot-spots' for a holiday!!!!
steve, London, uk
send them back home---i agree with that provided all british living and working in the arabian gulf come back to good old britian
saud, riyadh,
.......just in time for Xmas and looking just like Santa Claus.........
zoe, london, UK
Some of the comments on here are just pure victorian. Well the British Empire has folded and Europe will soon be Eurabia with a 100 Million Muslims already. If you cant beat em join em. I did.
Hussain Goodwin, Leicester, UK
he is an innocent man ,live a free life mr bana and welcome in u.k
chris, london, u.k
If he wants to go home send him there. Britain is not his home. Put Vanessa on the plane with him to hold his hand and how come we, taxpayers, spent £100,000 to bring these foreigners back here?? Des in Dublin can have him as a guest if he likes. Innocent or guilty he should not be in the UK. Did any muslim terrorist presume any of the people they murdered was innocent?
Emily W, Cambs, UK
Many here have perceived al-Banna as guilty until proven innocent, even though the current 'war on terror' has thrown up far more acquittals than convictions. Consider that the US has failed to make charges stick against him for belonging to a cell linked to the September 11th attacks, despite having the widest remit to prosecute alleged terrorists. So why have you all assumed that Spain would successfully prosecute him?
Perhaps a detailed examination of what he has actually done or intended to do may provide evidence as to whether he is innocent or guilty, rather than base our allegations on his name, his beard and his last holday destination.
Des, Dublin,
He wants to go home. Send him there. He is not a British citizen. Only fair to do what he asks.
W Smith, oldham,
I am amazed by the reponse posted by alot of people here. Alot of poeple ranting on about tax payers footing legal bills are not even tax payers themselves. To chee and eve, boot licking will not make you more british. Thinking as a rational saine person, these men have been held for 5 years without any evidence on the part of their captors for holding them. America had nothing on them and MI6 also said they were not a threat. What sort of evidence is in sapin that warrants extradition. Now tell me if anyone of you is a lawyer, works for the state security services to know that these men are guilty. This 'hear say' attitude is what is destroying this country. Less inteligent people always rant about what they dont know or understand. Empty vessels make the most noise but a wise man will look at the evidence before commenting. Why didnt spain ask for these men to be extradited to spain from the americans? I'v never heard so much trash talk from ill informed people. Justice is priceless.
Ade, London, England
Would it be possible to send Miss Redgrave on a tour of some of the victims of terrorism, maybe she could support them so generously? Or lets just send to her to Cuba.
Luke, Maidenhead, UK
These people were arrested in dubious circumstances - a Libyian living in Britain arrested in Pakistan - they should all be deported immediately with there families. They should receive no benefits. We should not reward crime.
If someone is willing to fund their bail let them find funding in their own country to support themselves.
Bill, Sheffield,
To all you on have your say. Do what you preach. None of these people have been convicted of any crime. But it looks as if you have passed your judgement already. If you dont like their names or where they come from. Live with it. They arent going anywhere.
Muhammad, Cambridge,
Keith Wilson, Beziers, France - They didn't go round blowing people up in the 17th century? Guy Fawkes?
But well said about needing to know all the facts before we do anything, presumably why he is on bail and tagged, pending an extradition hearing.
It's interesting that people are very quick to crticise the the British Government's stance and motivations in almost any situation, but there's no acknowledgement of the possiblity that the Spanish might be politically motivated post the Madrid bombings...
Adam, London,
While I vehemently disagree with my government's policies as to renditions and Guantanamo, and their so-far successful efforts ot keep all these manipulations out of public view, I worry that the UK is dooming itself to further terror attacks that could be avoided. It amazes me to read of the clerics freely spewing anti-Western hate speech in the very forums that only liberal Western democracies allow! I think perhaps the time has come to tighten up hate-speech and incitement legislation to tougher standards.
As for Vanessa and her largesse, what else is new? Always a champion for the Muslims, with never a thought to consequences or the reality of extremist thought.
I also think the common assumption that all these detainees were tortured in Guantanamo is off base. The military professionals there wouldn't stand for it (hence the need for "extraordinary renditions" by the CIA to countries that would). Habeus Corpus needs to be enforced, but torture? I think probably not.
Geoffrey Tudor, Sequim, WA, USA
i think all of the people objecting to this innocent man shall go to nice guantanomo bay hotel for 5 years luxery break and come out with all your body hair gray at the young age of 45 and then post your hate comments ,
thanks
hero, london, uk
Hand both of them over to the Spanish authorities & let justice take its course ...
Oh! And whilst the issue is still fresh ... their extended families might also hop on to the next flight to Spain with these two & go settle there & wait for their release or whatever...
I must be dreaming! the families are no doubt all getting on famously here at the expense of the good old Brit taxpayer! No way will they go to Spain - wait & see!
John, Bicester, UK
Yes, this man was treated appalingly in Guantanamo. I mean, whisked away from a London shopping mall, locked up without trial. I mean, it wasn't like he was fighting UK and American troops in Afganistan, now, was he?
But you do wonder that if human rights are so bad in the west, why doesn't he go to a country like Iran, Syria, or Saoudi-Arabia and enjoy a much higher standard of human rights there?
akim, bristol, UK
These people keep complaining that they have not had a trial. Well, now they can have one in Spain - surely that should make them happy if they are truly innocent.
Al, Weybridge, UK
It's completely obvious by now that the people incarcerated in Guantanamo were NEVER going to be tried in a US court of law:
- There is no evidence against them, just hearsay,
- The US military BOUGHT them off corrupt tribal people,
- They were tortured and held without any redress.
If they were tried in a properly constituted court of law, with
- proper procedure
- presumption of innocence
- by a jury of their peers
- under the usual rules (disclosure etc.)... all the abuses inflicted on arbitrary "suspects" would become public knowledge. That's why Bush now wants to offload his victims to other countries and wash his hands of his "mistakes", torture included. And what about compensation for unlawful imprisonment? Talk of asymmetrical warfare. In Guantanamo, the US is itself an unaccountable tyrant. Some people have had a hard-won reprieve now. Let them enjoy it.
Happy holiday ...
Julia Iskandar, London, England
Jaz ,do any of these people get looked after in Japan ,if not why not . You are welcome to anyone of them.
Tony, Bournemouth,
More evidence that the lunatics are in control of the asylum.
The relevant people should be handed over to the Spanish immediately.
As said...just more expense for the taxpayer coming up...Get rid of the human rights act...then perhaps we can dictate who we have in our own country.
N Wilson, Bourne, Lincs
Am I the only one who thinks he looks like Gandalf from Lord of the Rings?
Farrukh, Woking, UK
It seems that many people posting believe these men to be guilty of some sort of crime, they state that they have no sympathy and do not want these people in the country. Try to remember that these men have never stood trial so have never been found guilty of any crime. The very fact that they were finally released from that dungeon would seem to indicate that there is no real evidence against them. Do not judge people when you have no evidence to base your judgements on apart from this "no smoke without fire" attitude.
tom, bcn,
Jaz, Ageo, Japan. In the 17th century, people did not board public transport armed with explosive and shrapnel in order to blow apart innocents.
We need to know why these people are suspects by the US and other countries, before jumping on our PC soapboxes.
Keith Wilson, Beziers, France
The message from Western governments is that don't think we are champions of human rights, we can abuse them at will like the rest of the world.
I am surprised at the animosity in most of the postings on this forum. This guy has returned after being held in a concentration camp for 5 years and being tortured by the champion of "human rights", yet without having his guilt proven in any way. How can you possibly label him a criminal ? Kudos to Vanessa Redgrave for coming up with the bail money.
P. Taylor, London,
Jaz in Japan, can you not think of something to say about the issue rather than attempting to insult those that don't share your viewpoint - very nu labour, avoiding the debate by throwing around accusations that have no substance (rather like their author I suspect).
There is nothing 17th Century about wanting one's home country to be a safer place, and why should any of us who pay tax have to foot this clown's legal bill?
I'd also ask why, given that you don't even live in the UK, you are concerning yourself with this matter at all? I wonder what kind of treatment Mr el-Banna woud receive in Japan.
Fact of the matter is that if this man is innocent, he should go to Spain voluntarily to clear his name - forget about extradition laws, if you have nothing to hide, you should have nothing to fear in a court of law - a very different place to Guantanamo Bay.
Alex, London, UK
Correct Pierre, Viv, Doug et al.
Jonathan, Farnham, UK
British taxpayers may well be paying his legal fees, and I for one am very glad of that. Because if one day I, or any member of my family, were locked up for years on end in disgusting conditions and totured when there were no charges against me, I would hope that I could call on my government to help. The only real question here is why on earth it took 4 years for us to demand these people's release.
Helen, Liverpool,
I'm shocked at the response of some of these people commenting here, These men are not convicted of anything, tortured for years in a gulag outside of the rule of law (to which the British government was complicit in). Yet the people here seem to have decided regardless, that he is guilty of something because he is a johnny foreigner! Drag yourselves into the 21st century. He is no more a terrorist than any of you, and if you hate this country for providing sanctuary. Then why don't you lot go abroad, Guantanamo is nice this time of year.
Armagan Akram, London,
"He first came to Britain illegally in 1994 on a false Kuwaiti passport..."
Is it not enough to deport him? British like to preach others about democracy, rule of law and so on. But why do you give asylum to criminals of all sorts breaking your own laws?
alex, Riga,
We seem to bw forgetting this man has been locked up for 5 years without trial or access to justice.
If Spain was so keen to have this man tried why did they not request him from the US which had him locked up for so long!!!!!!!!
P.S I salute you Madam Redgrave..
Adam, Birmingham, U.K
[quote] Just so you know, there is no solidarity among immigrants. People like this give us, law-abiding tax-paying English-speaking immigrants a bad rep. [/quote]
That is also my fear regarding some of my friends.
I wish the leaders in this country would have some common sense and have the law abiding citizens at heart, I know, I am dreaming.
I am myself a foreign national, and fear this country is letting the good citizens down in favour of the criminals.
eve, Woking, south Old England
As a white-collar immigrant myself, I scratch my head in bewilderment as to why these men were allowed back into the UK, as they are not British citizens.
First of all, being a non-resident of the UK for more than 2 years invalidates the permanent residency visa (indefinite leave to remain). Secondly, Mr al-Banna was an illegal immigrant who came to the UK on a Kuwaiti passport. How did he manage to make himself a legal resident? Thirdly, if he was really convicted of credit card fraud in 1998, why wasnt he deported?
Just so you know, there is no solidarity among immigrants. People like this give us, law-abiding tax-paying English-speaking immigrants a bad rep.
Chee, Coventry,
Let them Spanish have him if they think he has a case to answer. At least they don't have to be so guiltily PC that they allow treason to be openly preached in the streets.
Rosbif, Antibes, France
This is crazy. I'm surprised he could keep a straight face when he "thanked the British public".
If you're innocent of all Spanish accusations, go to Spain and disprove any case against you, before trying to elicit any sympathy.
Steve, Rugby,
Wow, Cromwell's a fitting handle for someone whose attitude belongs back in the 17th Century.....
Jaz, Ageo, Japan
I wonder if they will ever get a job to support themselves and their families
Or are they just a part of this treacherous parliaments strategy
john beatson, sheffield, england
Blimey - it's Gandalf!
John Tomlinson, Brentwood, Essex
Sorry but I have no sympathy for these people. They should be removed from this country forthwith and those who support them should also consider whether Britain is really the place they want to live. Evil knows how to manipulate weakness.
Cromwell, Leeds, ENGLAND
And now all the lawyers in the UK are lining up at the taxpayer trough to collect their Christmas dividend. A very nice 'winterval' (sic) bonus for them. Furthermore, the hard-bitten taxpayer looks mutely on as they become even richer at his expense.
Meanwhile foreign (and native) -born terrorists are to be housed, watered and fed at the British taxpayers' expense (as per usual) till hell freezes over. And, if past experience is anything to go by, after years of waffle and timewasting in court (cf: Rachid Ramda) the whole affair will be swept under the carpet (so as not to offend certain sections of 'society') and they'll be allowed to creep back to their warrens of murderous intrigue, to plot with likeminded criminals to overthrow the nation and a system that gave them succour.
Meanwhile, Spain will be left to wonder why it ever bothered to request extradition from Londonistan - knowing full well that it would be a complete waste of time.
Just history repeating itself !!
Pierre, Paris, France
Don't thank me Mr Banna, I don't want you here.
Viv, London, England
Who is paying his legal fees? The poor downtrodden British taxpayer I suppose?
Doug, Glasgow,