Courts / Ireland / Report
Alleged Islamic terror suspect brings third challenge to deportation
Summary
The High Court has reserved judgment in the third legal challenge brought by an unnamed Algerian man against the Minister for Justice's refusal to revoke his deportation order. The man, who has been in Irish custody since 2016, fears torture if returned to Algeria, citing Article 3 of the European Convention on Human Rights. He was convicted of terrorism offences in Algeria and France, having previously used multiple identities. In the 1990s, he was convicted of several offences in Algeria, receiving three life sentences and two death sentences, which are no longer carried out. He was also jailed for eight years following his 2002 arrest in France after being found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism. Additionally, he was jailed in Ireland for attempting to travel on a false passport. The Minister issued the deportation order in 2016, citing security concerns. The State argues that human rights protections in Algeria have improved since 2016, including constitutional changes and the disbanding of the DRS intelligence agency. The man denies involvement with groups like Al-Qaeda, claiming his risk stems from political views. The case was remitted for reconsideration after previous High Court rulings quashed earlier refusals due to procedural failures. Mr Justice Richard Humphreys reserved judgment following submissions from both sides.
Who, what, where, when and why
What: Report matter: Alleged Islamic terror suspect brings third challenge to deportation. Charges or matters: terrorism offences in Algeria and France, and had previously used multiple identities; several offences in Algeria and received three life sentences and two death sentences, which are no longer carried out; charges including membership of a criminal organisation preparing an Act of Terrorism. Procedural stage: sentence. Findings: Convicted
When:
- July 2017 Hearing Or Sentence
- 2018-07-24 Publication
Why: This was because there is a danger that the man's rights under Article 3 of the European Convention of Human Rights, which prohibits torture and being subjected to inhuman and degrading treatment, would be breached if he was returned to Algeria, counsel said. CNI source report
Case subjects
Convicted Person
Charges: terrorism offences in Algeria and France, and had previously used multiple identities; several offences in Algeria and received three life sentences and two death sentences, which are no longer carried out; charges including membership of a criminal organisation preparing an Act of Terrorism (Proven)
Finding: Convicted
Outcome: Convicted; He had been jailed in Ireland for attempting to travel on a false passport. He was jailed for eight years following his arrest in France in 2002 after he was found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.
Places mentioned
- The High Court
- The Supreme Court
- High Court
Topics
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