Jihadist in legal limbo
A former asylum seeker who was convicted for terror offences remains in prison despite having served his sentence, and has launched a new bid for freedom.
Nasserdine Menni, a 41-year old Algerian convicted of helping to fund a suicide bombing in Sweden in 2010, is in Low Moss jail in East Dunbartonshire as the Home Office attempts to make arrangements for him to leave the UK.
The UK is thought to be waiting on assurances from the Algerian government that Menni will not face torture upon his return to the country he fled years ago.
Pauline Kelly of Amnesty International Scotland said: “The Algerian Government has taken no steps to investigate thousands of enforced disappearances and continues to reject long-requested visits by key UN bodies , including those concerned with torture.”
According to The Herald, Menni has begun legal action against the UK Government to prevent deportation to Algeria.
He is also seeking release from jail pending a decision on his deportation.
His solicitor, Rai Khan at R H & Co Solicitors in Glasgow, told SLN today: “It would not be appropriate for me to comment on this mater at this time.”
Speaking on the generalities of such cases, Advocate Niall McCluskey (pictured) told The Herald: “Unless the UK government can show that the guarantees of no torture are 100 per cent waterproof, it would be unlawful to deport anyone under the European Convention of Human Rights.
“Under immigration law, the authorities can detain somebody pending deportation. But if there comes a point where deportation is found unlawful, then a detained person would have to be liberated.”
The Home Office maintains that releasing Menni, who sent £5,725 to suicide bomber Taimour Abdulwahab and a further £1,000 to his wife after the bomber blew himself up in a bid to murder Christmas shoppers in Stockholm, would be too great a security risk to the public.
Menni is also considered too much of a risk to hold in Dungavel immigration detention centre. He was staying in Glasgow before his conviction after claiming asylum under a false identity.
Menni, who had been sentenced to seven years in 2012, had his sentence cut on appeal last Summer.