Three men released from Guantánamo Bay after five years on Wednesday were being held by British police on Wednesday night, even though, according to counter-terrorism sources, they are unlikely to face criminal charges in the United Kingdom.
On Wednesday night it emerged Spanish authorities have told British police they will seek to extradite two of the men — Jamil el-Banna and Omar Deghayes — who could face terrorism charges in Spain. El-Banna was Wednesday night arrested on behalf of the Spanish authorities. He was being questioned at a Luton police station and is expected to appear before magistrates on Thursday.
Clive Stafford Smith, who represents el-Banna and Deghayes, promised to fight any extradition attempts to have them sent abroad to face charges.
El-Banna (45) Deghayes (38) and the third detainee released, Abdennour Samuer (34) returned to Britain on Wednesday after 18 months of wrangling between the UK and US about their fate. They landed at Luton airport on a chartered plane accompanied by Scotland Yard anti-terrorism officers.
Deghayes and Samuer were arrested under the Terrorism Act on suspicion of the commission, preparation or instigation of acts of terrorism soon after landing and taken to a central London police station to be interviewed by detectives.
The men had been expected to be released without charge after questioning despite years of being accused by the US that they are al-Qaeda-inspired terrorists.
Lawyers for the men said they had agreed to ”security measures”, which are likely to involve some form of house arrest as well as restrictions on their use of computers and freedom of association.
On Wednesday night Stafford Smith said he had encouraged a Spanish extradition request in 2005 as a means of extracting the men from Guantánamo but Madrid had not pursued it. ”For quite a long time, we tried to get the Spanish to demand their release because we thought it was an elegant way to get them out of Guantánamo,” he said. ”I find it very sad and dismaying. The fact that the Spanish were behind this wrongful detention in Guantánamo Bay is something they should be ashamed of. The idea that they want to use this evidence we have proved to be false to take them for further detention is very worrying.”
Documents seen by the Guardian show the evidence obtained by the US against the men was so weak that it was assessed by Britain to be insufficient to get a control order restricting their movements.
The US dropped demands that Britain subject them to 24/7 surveillance by MI5, with London saying the men were not dangerous enough to merit such measures.
The men’s arrival in Britain coincided with the Muslim festival of Eid. Before the arrests, Amani, Deghayes’ sister, said: ”We’re looking forward to spending the Eid as family together.” El-Banna’s wife, Sabah, said: ”It has been a very difficult time. I feel so blessed that my Jamil will be home to celebrate with my children.”
Campaigners for the men said the British government had prolonged their suffering. Stafford Smith said: ”The government changed its policy and decided to do the right thing once Tony Blair left office. They could have been home years ago.”
The government formally asked the US to return five British residents being held in Guantánamo in August. That U-turn came on the eve of an expected court defeat in a case brought by one of the men’s lawyers. The US refused to send back to Britain one man who will go to Saudi Arabia and another who remains in Guantánamo.
David Davis, the shadow Home Secretary, said: ”This government’s first duty is to protect the public. Does the Home Secretary agree with the US that these men are ‘extremely dangerous’? If so, how will the government guarantee the safety of the British public?”
The Home Office said: ”Protecting national security remains our highest priority. The Home Secretary will take all appropriate measures to maintain national and international security.” – Guardian Unlimited