Telegraph & Argus : Bradford man held in terror-plot raid demands pay-out

Bradford man held in terror-plot raid demands pay-out

By Steve Wright | April 23, 2009

A Bradford man arrested after a swoop by anti-terror officers says he will claim compensation from the police for unlawful detention.

The 41-year-old family man, who has not been named, was one of 12 people arrested in anti-terror raids in the north-west on April 8. He was the only Briton detained. The rest were Pakistani nationals, with all but one holding student visas.

The planned raids had been brought forward after the Metropolitan Police’s assistant commissioner Bob Quick inadvertently revealed details of the operation, and later resigned.

An 18-year-old was released into the custody of the UK Border Agency within days. The others were all freed without charge yesterday after the Crown Prosecution Service said there was insufficient evidence.

The suspect’s links to Bradford were revealed by leading city law firm Khan’s Solicitors, based in Sunbridge Road, Bradford, who represented him.

Solicitor and director of the company, Rashid Majid, said they had won two legal arguments on behalf of their client, before a senior District Judge at Westminster magistrates court, and before a High Court judge, Mr Justice Black.

Mr Majid said: “We put forward two arguments, under Article 5 of the European Convention of Human Rights.

“One was that any suspect was entitled to be given adequate reasons for their arrest, and secondly they should have enough information so they could challenge the lawfulness of their detention. Both judges expressed serious concerns and Mr Justice Black held that there had been a breach of Article 5 and our client should be entitled to compensation.

“As a result, their detention for a week was held to be unlawful. We will now write to the police and ask them for proposals for compensation.”

Mr Majid said their client had never been arrested before and was of previous good character.

The suspect had been arrested at an address in Cheetham Hill, Manchester, but was formerly from Bradford and had worked in a cash and carry shop in West Bowling. Mr Majid said the client’s immediate plans now were to go back to Manchester and rebuild his life.

Three of the other suspects released yesterday – Sultan Sher, Mohammed Rizwan Sharif and Mohammed Umer Farooq – were represented by another Bradford solicitor, Mohammed Ayub, of Chambers Solicitors, also in Sunbridge Road.

Peter Fahy, Chief Constable of Greater Manchester Police, said they had had a duty to act and investigate.

“When it comes to the safety of the public we can’t take any chances – we must act on information we receive,” he said.

“We don’t take these decisions lightly and only carry out this kind of action if it was wholly justified.”

Independent : Police and PM in dock over arrest of terrorist suspects

Police and PM in dock over arrest of terrorist suspects

Case against Muslim men amounted to one email and handful of telephone conversations

By Jonathan Brown, Robert Verkaik and Kim Sengupta | April 23, 2009

The case against 12 Muslim men involved in what Gordon Brown described as a "major terrorist plot" amounted to one email and a handful of ambiguous telephone conversations, it emerged last night after all the men were released without charge.

Eleven Pakistani students and one British man were freed after extensive searches of 14 addresses in North-west England failed to locate evidence of terrorist activity, according to security sources. Police did not find any explosives, firearms, target lists, documents or any material which could have been used to carry out an attack.

Last night Lord Carlile, the reviewer of terror laws, said he would be heading an immediate "snapshot" investigation into the arrests.

The Home Office said it would deport the 11 Pakistani men, who are aged 22 to 38 and were in Britain on student visas, because the Government believed they represented a threat to national security.

According to security sources, the operation was launched after the interception of telephone calls and emails which pointed towards a bombing campaign orchestrated by al-Qa'ida. But yesterday a senior Pakistani defence official said the British authorities had failed to consult them adequately before carrying out the arrests and greater co-operation would have avoided "embarrassing mistakes" for the British Government.

The official said: "They really started asking for our help properly after the arrests had been made over here. We have not arrested anyone in Pakistan, the families of these men or their friends, because we could not find anything against them, and we have a big file on terrorist suspects."

It has also emerged that there were disagreements among the various British security agencies about the way aspects of the operation were conducted.

Muslim groups and lawyers for the 12 men arrested two weeks ago in connection with the alleged terror attack plot on the North-west said the police operation had been a fiasco from start to finish.

The only British man questioned for 13 days in connection with the alleged plot may have been held on the strength of a single "cryptic" email, it emerged last night.

Lawyers for Hamzah Khan Shenwari, a 42-year-old security guard and delivery driver from Cheetham Hill, Manchester, disclosed that he had entered Britain nine years ago and was granted political asylum following his treatment at the hands of the Taliban. The Pashtu-speaker, who comes from the North West Province of Pakistan, where his family and children still live, was questioned over the course of 14 hours at a police station in Coventry although no substantial evidence was put before him, it was claimed. He claims he suffered bruises and a cracked rib during his arrest. Police believed that he was the "teacher" of the group because he was the oldest, his lawyers said.

His solicitor, Sawar Khan, said: "He was elated this morning but his words to me were 'it is going to be difficult for me'. Even though he has been released without charge how will he be treated now? Most of the men come from north-west Pakistan but where they come from or what faith they are should not be a deciding factor in anything."

Lawyers for the men are furious that Gordon Brown and the Home Secretary made statements on the alleged plot during their detention period. Mr Khan said it was regrettable that, even though his client had been released, the Chief Constable of Greater Manchester Police had again talked up the threat of an unspecified terrorist attack.

He said there were question marks over the initial detention period of his client between 8 and 14 April. He was eventually released after Mr Justice Blake, who heard the application for a third extension of custody via a video link in the High Court, expressed "grave concern" over the progress of the investigation.

Mr Khan said Mr Shenwari was not seeking publicity or money. Police appeared to have few definite facts during the course of the questioning, it was claimed and no surveillance evidence was put to him. "A lot of the questions were repeated – he was asked whether he was involved in the preparation or instigation of terrorism."

Mr Shenwari, who does not own a computer, was asked by police about an email sent by one of the arrested men although the contents of the message were never made available to his defence team. It is understood that the email was cryptic and open to misinterpretation if taken out of context.

Mohammed Ayub said he would consider lodging an appeal for asylum on behalf of his clients, Sultan Sher, Mohammed Rizwan Sharif and Mohammed Umer Farooq, who were held at a police station in Bradford where they underwent up to six hours of questioning a day.

Mr Ayub said his clients, who all came from the North West Frontier territories of Pakistan, faced serious dangers should they be returned to their homeland.

"They face an uncertain future in Pakistan now they have been labelled as being engaged in potential terrorist activity," he said. "They cannot go back to living normal lives in Pakistan. The authorities may be obliged to put them into custody where they may be subjected to torture," he said.

"They were sustained by the belief that they were not involved in any wrongdoing and they maintained their innocence throughout. What put the police on to them in the first place? That is a very difficult question," he said.

During the interviews, Mr Ayub said no specific evidence had been put to his clients – no video footage or surveillance photographs were shown to them, though they were asked directly whether they were members of al-Qa'ida. Last night, 10 of the men were being held at detention centres. Their lawyers have seven days to present their cases to an appeals panel.

~~~

The North-west arrests: Key questions

When were the men arrested?

Manchester police officers were rushed into making the arrests after Bob Quick, then Britain's senior counter-terrorism officer, accidentally displayed information prejudicing the operation. Officers raided homes and universities across the North-west of England on 8 April. Twelve men were arrested under the Terrorism Act 2000. Mr Quick later resigned.

How long were they held?

One was released to the UK Borders Agency while the remaining 11 were questioned by police. Under terror laws suspects can be held without charge for up to 28 days. By yesterday all 12 had been released, two weeks before the maximum time limit expired.

Why didn't the police keep the men in custody longer?

The Terrorism Act includes judicial safeguards to ensure that the police are not simply detaining people while conducting "fishing expeditions" for evidence. The first time the police sought judicial permission was after 48 hours of detention. But they had to go back to court to authorise detention every week. After 14 days' detention the Crown Prosecution Service asked further permission from a High Court judge to keep the men in custody. It is understood that at this point the judge expressed concerns about the quality of the evidence being used to justify their detention. The investigation had clearly made little progress and the men were released.

What did the judge have to decide?

The court must be satisfied that there are reasonable grounds for believing that further detention will help obtain or preserve relevant evidence. But the judge must also be happy that the investigation is being conducted "diligently and expediently".

What happens next?

The Home Office says it will deport the 11 Pakistanis on grounds of national security. It is understood that the men want to carry on their studies in the UK and their lawyers are expected to go to court to contest this action.

Who will win?

It's hard to say. The Home Office must show that the men's presence in the UK is not conducive to the public good or that they represent a threat to national security. Their lawyers will argue that no evidence has been provided to support such a claim. The case is expected to end up before the Special Immigration Appeals Commission (Siac) which can hear evidence in secret.

What are they likely to say?

In the past Siac has blocked deportations to countries where the suspects face possible torture or execution. Now that the 11 students have been arrested on suspicion of what Gordon Brown described as a "major terrorism plot" they will almost certainly be of interest to the Pakistan security forces.

So what threat do they face upon their return?

The Pakistan police and security forces are known to have tortured terror suspects, some of whom are British citizens. Pakistan also retains the death penalty. Now that the names of the students are known to the Islamabad authorities the men may wish to pursue claims for asylum in the UK on humanitarian grounds.

How long will this case take?

It could go on for years. Several Algerians are still being held in the UK five years after they were accused of links to terrorism. It has taken that long for the House of Lords to rule that they can be safely deported.

Robert Verkaik

Pakistan Times : All Pakistani students released without charge in UK

All Pakistani students released without charge in UK

'Pakistan Times' Foreign Desk | April 23, 2009

LONDON (UK): In a major embarrassment to the British Government all of the 12 suspects, ten of whom were Pakistani students, arrested by the UK counter terrorism unit in north west England have been released without any charge Wednesday.

On Tuesday evening, the authorities in Manchester released nine of the suspects and handed them over into the custody of the UK Borders Agency for deportation. This morning, on the expiry of the remand period, the remaining two were also freed and released to immigration authorities.

These men were arrested on April 9 in a major swoop termed by the Prime Minister Gordon Brown as a “big terrorist plot.” One suspect believed to be an Afghan national was released much earlier and also handed over the Borders Agency. The other was a British national who has been allowed to return to the community.

The remaining 11 men were questioned and the evidence gathered presented to the Crown Prosecution Service who advised there was insufficient evidence gathered within the permitted timescales which would have allowed a warrant of further detention to be gathered or charges to be pursued.

Under the rules, it is not possible to bail people under terrorism legislation so the men were released. The Manchester Police head Peter Fahy defended the arrests which he said was done on the information received. He said: “As there are ongoing issues of matters of national security around this investigation, it does limit what we are able to say.

“This has been an extremely complex investigation that has involved officers working closely with other agencies to gather and examine large amounts of evidence. “We had a duty to act on 9 April to protect the public and a subsequent duty to investigate what lay before us.

“When it comes to the safety of the public we can’t take any chances, we must act on information we receive. We don’t take these decisions lightly and only carry out this kind of action if it was wholly justified.”

The Pakistan High Commissioner Wajid Shamsul Hasan welcomed the release of the students but stated that they have asked the British government the reasons to deport them even though they hold valid visas. “We are ready to extend the students all legal assistance as they came to UK on valid visas and have the right to stay here and complete their studies now that all charges against them have been dropped.”

Meanwhile, one of the lawyers representing the students has demanded public inquiry into the whole episode saying that the reputation of his client has been hurt.

Details

Another report says that after apparently failing to find any solid evidence linking to terrorism, the British Police has released nine out of ten Pakistani students arrested on April 8 on suspicion of terror and transferred them into the custody of UK Borders Agency for possible deportation.

The Manchester-based North West Counter Terrorism Unit has released nine of those arrested as part of a national operation. The men, aged 30, 38, 22, 25, 28, 26, 26, 22 and 25 have all been handed over into the custody of the UK Borders Agency. Two men remain in police custody.

On April 8 officers from anti-Terrorism Unit arrested 12 men under the Terrorism Act. One was subsequently released into the custody of the UK Borders Agency. The remand of the arrested students was due to expire on Wednesday.

The Manchester Police in a statement said these arrests were carried out after a number of UK agencies gathered information that indicated a potential risk to public safety. Protecting the public is the main focus of the police, the statement added. It said that the officers are continuing to review a large amount of information gathered as part of this investigation and investigations of this nature are extremely complex.

Anti-terror police raided at least 14 properties in Liverpool, Manchester, and Clitheroe, Lancashire, on April 8. Searches are continuing at an address at Galsworthy Avenue, Cheetham Hill, Manchester.

According to a Home Office spokesman the UK was now seeking to remove the men 'on grounds of national security'. Of the 12 men arrested in the raids, 11 were Pakistani nationals, 10 held student visas and one was from Britain. The spokesman said: 'The government’s highest priority is to protect public safety. Where a foreign national poses a threat to this country we will seek to exclude or to deport, where this is appropriate.'

The raids in north-west England had to be brought forward following a blunder by the UK’s most senior counter-terror officer. Assistant Commissioner Bob Quick quit his post a day after the operation, when he was photographed carrying the document to the Downing Street which revealed operational details.

Lawyer [Reacts]

Meanwhile, a lawyer representing three of 10 Pakistani students arrested on suspicion of terrorism and released Wednesday without charge, has said his clients are neither extremists nor terrorists and have the right to demand unreserved apology and will also challenge orders to remove them from the UK.

Mohammed Ayub, who represents three men facing deportation after being handed over to the UK Borders Agency, said in a statement that Sultan Sher, Mohammad Rizwan Sharif and Muhammad Umer Farooq were arrested in a blaze of publicity and speculation. He said: “Today, after 13 days in custody, during which no evidence of any wrongdoing was disclosed, they have now been released without charge. Our clients were arrested in a blaze of publicity and speculation. Their release without charge and the wrong that has been done to them deserves to be accompanied by a similar amount of publicity.

Ayub added that his clients have no criminal history, they were here lawfully on student visas and all were pursuing their studies and working part-time. “Their arrest and detention has been a very serious breach of their human rights. Now, adding insult to injury, attempts are being made to deport them. We intend to challenge the deportation orders and, if necessary, will take our fight to the highest courts.

“Our clients are entirely innocent and are entitled to complete the studies they came here for. We call for an independent inquiry into Operation Pathway so that lessons can be learned as to how this investigation could have got it so terribly wrong and so that no other innocent person should have to suffer the ordeal that our clients have.

The UK Border Agency has issued deportation orders on the basis of their being involved in extremist activity and therefore their presence in the UK is not conducive to the public good on the grounds of national security, he said by adding; his clients intended to appeal the deportation orders and their basis for the orders is not acceptable. “As a minimum our clients are entitled to an unreserved apology and no further action should be taken against them.”

Guardian : Pakistani students' lawyer: 'They are neither extremists nor terrorists'

Pakistani students' lawyer: 'They are neither extremists nor terrorists'

Full text of statement from Mohammed Ayub, who represents three men facing deportation after Operation Pathway arrests

Press Association | April 22, 2009

This is the full statement from Mohammed Ayub, the lawyer representing three of the men – Sultan Sher, Mohammed Rizwan Sharif and Mohammed Umer Farooq – who were yesterday released by Greater Manchester police into the custody of the UK Borders Agency (UKBA) following their arrests on April 8.

"I, Mohammed Ayub of Chambers Solicitors, Bradford, act for three young Pakistani men, all aged in their 20s, who were arrested on 8 April 2009 as part of Operation Pathway.

"Today, after 13 days in custody, during which no evidence of any wrongdoing was disclosed, they have now been released without charge. Our clients were arrested in a blaze of publicity and speculation. Their release without charge and the wrong that has been done to them deserves to be accompanied by a similar amount of publicity.

"Our clients have no criminal history, they were here lawfully on student visas and all were pursuing their studies and working part-time. Our clients are neither extremists nor terrorists.

"Their arrest and detention has been a very serious breach of their human rights. Now, adding insult to injury, attempts are being made to deport them. We intend to challenge the deportation orders and, if necessary, will take our fight to the highest courts.

"Our clients are entirely innocent and are entitled to complete the studies they came here for. We call for an independent inquiry into Operation Pathway so that lessons can be learned as to how this investigation could have got it so terribly wrong and so that no other innocent person should have to suffer the ordeal that our clients have.

"The UK Border Agency has issued deportation orders on the basis of their being involved in Islamist extremist activity and therefore their presence in the UK is not conducive to the public good on the grounds of national security. It is intended to appeal the deportation orders and their basis for the orders is not accepted.

"As a minimum our clients are entitled to an unreserved apology and no further action should be taken against them."