Verily, Allâh enjoins Justice and Correctness, and helping kith and kin and forbids lewd acts and all kinds of evil deed and oppression. He admonishes you so that you may take heed. (An-Nahl: 90)

Al Qaeda suspect wins right to stay

Fouad Lasnami was one of the 9 men arrested by the police in raids in December 19th 2002 and suspected of being concerned in the preparation of a terrorist attack on the Hogmanay celebrations in Edinburgh. In December 2003 charges against all the men were dropped. Despite charges being dropped, all 9 names of the men appeared on a list and book of photographs used in interrogations by the security services of terror suspects connected to the 'Ricin' conspiracy, they were accused by security services of being involved in a worldwide Al-Qaeda network in 2004.

On the 17th August at a press conference in Glasgow and at Mr Lasnami's Asylum Hearing evidence was produced by his solicitor Mr Anwar that the security services were targeting innocent people including several of his clients whose names were cleared in December 2003 in their 'war on terror'. Mr Anwar states today that 'Rather than saving lives, the security services are placing the lives of British people at risk by relying on bogus information. In the process they have placed in jeopardy the lives of asylum seekers such as Fouad Lasnami by branding them as Al-Qaeda.'

Finally Mr Lasnami appeared at the asylum court on the 3rd November represented by Aamer Anwar, in what was described as a test case, as several of the men originally arrested also appeared on the MI5 list and have pending asylum claims based on the same evidence as Mr Lasnami. Mr Anwar argued at hearing held before Mr D.S.Corke 'These men deny any involvement in terrorism but because of the actions of the British Government if these men are returned to Algeria at best they will face imprisonment and at worse an execution squad. They have a well-founded fear that if returned to Algeria, they will be treated as suspected terrorists on arrival, interrogated and tortured and possibly killed by the Algerian authorities.'

Finally Mr Lasnami has won his test case on Human Rights grounds. The Home Office have taken a decision not to appeal the decision of the adjudicator. It is also important to note that the dossier of names produced as evidence was accepted as genuine by both the court and the Home Office. Aamer Anwar states 'We welcome the decision to grant Mr Lasnami the right to stay however, we also demand that the asylum is immediately granted to Ghalem Belhadj, Ali Serir and to other men falsely accused of being Al-Qaeda. Their lives have also been destroyed and it is not good enough for the Home Office to accept defeat in Mr Lasnami's case, but to leave other men facing execution. An inquiry should be held by the Scottish Executive as to why innocent men have been targeted in such a manner.Mr Lasnami is grateful to the campaigners, members of the public and politicians who have supported him, he hopes now to be able to get on with his life and build a future for himself in this country.

Mr D.S. Corke the Adjudicator states in his decision-

'I consider there is real risk that the appellant will be stopped on return to Algeria, and questioned. He will be questioned not as a failed asylum seeker but as a person who has been suspected of terrorist links within the United Kingdom and charged under UK Legislation. As such, the Algerian authorities will have a very real interest in establishing just how clean a bill of health the appellant has.

Babar's father, Ashfaq Ahmad, a retired civil servant, believes that his son is an innocent victim of the UK's war against terrorism.

Given the history of torture and human rights abuses committed for or on behalf of the Algerian state, albeit in the suppression of terrorism, there is in my view a real risk that such tactics will be used upon the appellant in order to probe his involvement, if any, in terrorism and his knowledge, if any, of others possibly involved in terrorism.

Any mistreatment in such circumstances would be in principle be a breach of Article 3, at least as regards inhuman or degrading treatment...The Algerian state is known to use robust methods and in these circumstances there is at least a real risk of torture, or inhuman or degrading treatment...I must accept that the appellant has shown the required degree of risk of relevant ill-treatment under Article 3 of the European Convention on Human Rights… I allow the appeal on Human Rights.'

Source: Press Release from Beltrami Berlow Solicitors
12 January 2005