EU judges overruled the Government and the United Nations yesterday by unfreezing the assets of Al Qaeda 'ambassador' Abu Qatada. The verdict, reached on human rights grounds by the EU's Court of First Instance, paves the way for the fanatic to receive a compensation payout controversially awarded against the British Government earlier this year.
The latest case goes back to October 2001, in the wake of 9/11, when Qatada was put on an EU list of terrorist suspects whose money and other assets in Europe are blocked.
The UN Security Council's sanctions committee had named him as associated with Osama bin Laden or Al Qaeda.
All member states are instructed to freeze 'the funds and other financial assets controlled directly or indirectly by such persons or entities'.
When Qatada was awarded £2,500 by the European Court of Human Rights for being 'unlawfully detained' in Belmarsh high security prison, South East London, he could not lay his hands on the cash.
But now the Court of First Instance, which is linked to the European Court of Justice, has said that putting him on the terror list breached his 'fundamental rights'.
The Luxembourg judges were unhappy that Qatada, referred to in court as Omar Mohammed Othman, had not had the opportunity to defend himself.
Shadow home secretary Chris Grayling said: 'This decision will horrify most reasonable people in the UK.
Qatada is currently being held at the high-security Belmarsh prison, awaiting deportation to Jordan
'It shows just how incompetent the Government has been at managing the problem of preachers of hate. It makes a mockery of the concept of human rights if we can't protect ourselves against people who are out to destroy our society.'
Qatada, a Jordanian, has lived in the UK since 1993 and has received tens of thousands in benefits for his wife and five children.
He has been arrested several times under anti-terror legislation, and a government decision to extradite him was upheld by the Law Lords in February.
Just 24 hours later he won the Belmarsh compensation award.
Qatada is currently being held in the London jail pending the outcome of yet another legal action in the European Court of Human Rights which is expected to drag on for years and cost taxpayer tens of thousands.
The Government and the European Commission can appeal against yesterday's decision - and the judges made it clear there are acceptable ways to keep Qatada on the terror list.
The Foreign Office called the ruling 'procedural' and added: 'The UK will work with EU partners to address the reasons why the court found in favour of Mr Othman.'
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