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A senior choose who prosecuted terrorists and is now in hiding in Afghanistan feels “heartbroken, deserted and backstabbed” by the British authorities for refusing to deliver him to security regardless of a excessive court docket ruling in his favour.
The high-profile choose, whom the Guardian shouldn’t be naming for his security, additionally obtained robust help from two former impartial reviewers of terrorism laws.
He labored carefully with British and American forces to prosecute Taliban, Isis, al-Qaida and Haqqani community terrorists captured in Afghanistan, and is at such excessive danger that he has to cover in separate areas from the remainder of his household, who’re additionally in hiding. He can not have any direct cellphone conversations for worry of his location being revealed.
A excessive court docket ruling on 1 April this yr supported his declare for sanctuary within the UK.
The UK authorities has accepted that he’s in danger in Afghanistan however says he doesn’t meet the coverage standards for being delivered to the UK. Officers stated his contribution to the UK’s counter-terrorism work in Afghanistan was “minimal” and that as a result of the court docket the place he prosecuted terrorists captured by the allies was an Afghan establishment, he was not a direct worker of the British authorities.
The choose faces having to make a extremely harmful journey to Pakistan to a UK visa-processing centre to get his biometrics performed for a visa software. Nonetheless, if the UK authorities then refuses the visa, he may very well be deported from Pakistan again to Afghanistan and positioned straight within the arms of the Taliban.
The excessive court docket ruling from Mrs Justice Lieven states: “I do settle for that if it did occur, it might place JZ [anonymised initials used in the ruling] and probably his household at actual and rapid danger of loss of life.”
She added that the UK authorities had failed to use discretion to defer biometrics “in a rational method”.
The previous impartial reviewers of terrorism laws Lord Carlile and Lord Anderson wrote to the House Workplace on 15 April, urging them to rethink their determination to not enable the choose to come back to the UK.
“The brave acceptance by judges of the duty for incorruptible trial of terrorists … made an vital contribution to the lives of Afghans and to worldwide counter-terrorism efforts,” they stated of their letter.
In a second case the place the federal government has left Afghans in peril of their dwelling nation, an Afghan interpreter who labored for British forces and was badly injured in a Taliban bombing earlier than being relocated to the UK has been making an attempt for eight months to deliver his dad and mom and brothers from Afghanistan to security in Britain.
Nonetheless, a Ministry of Defence (MoD) letter dated 26 April acknowledged that officers had not but been in a position to affirm the eligibility of the person’s household for the Afghan relocations and help coverage scheme and urged his supporters to not make the case public.
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The choose in hiding stated by means of an middleman: “I’m shocked by the federal government’s determination to refuse to relocate me within the UK. I used to be as soon as thought-about an vital ally, given safety because of the imminent menace I confronted and awarded certificates of appreciation for making materials contribution to the UK and allies’ counter-terrorism mission in Afghanistan.
“I don’t remorse serving justice upon those that killed harmless folks together with UK authorities personnel, however I’m heartbroken, deserted and really feel backstabbed by the federal government for refusing to relocate me within the UK. I plead with them to avoid wasting my life and the lives of my household.”
An MoD spokesperson stated officers have been unable to touch upon particular person instances: “We recognise the difficult circumstances confronted by Afghans making use of to resettle within the UK by means of the Afghan relocation and help coverage (Arap) scheme and are processing purposes as shortly as doable. Thus far we’ve got relocated over 9,000 candidates and their dependants to the UK. The scheme stays open and isn’t time restricted, and we’re decided to proceed with this work.”
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