'Disappointment' at Qatada ruling

Abu Qatada is asking European judges to rule on his deportation

The home secretary has said she is "very disappointed" the European Court of Human Rights has given compensation to radical Islamic preacher Abu Qatada.

Judges ruled his detention without trial under anti-terrorism powers in the aftermath of the 9/11 attacks on the US breached his human rights.

Jacqui Smith said the court ruled the now-repealed measures had been devised in "good faith" to protect the public.

Abu Qatada - awarded £2,500 - is in prison fighting extradition to Jordan.

On Wednesday, Law Lords found he could be deported despite fears he could be tortured.

Abu Qatada has been described as Osama bin Laden's right-hand man in Europe.

He has been held both in Belmarsh high security prison and under 22-hour home curfew. His lawyers have already submitted an application to the European Court appealing against the deportation.

In a statement, the court said this was based on grounds that if deported to Jordan he was at "real risk of being subjected to ill-treatment" in breach of the European Convention of Human Rights "notwithstanding assurances to the contrary".

FROM THE BBC WORLD SERVICE More from BBC World Service Profile: Abu Qatada

The European Court also awarded pay-outs of between £1,500 and £3,400 to eight other people who were detained on suspicion of providing support for extremists linked to al-Qaeda. A Moroccan and a Frenchman, who left the UK voluntarily after their arrest, were not awarded any compensation. The judges said the detention had violated the men's right to liberty and security under the convention.

But the amounts were said to be "substantially lower" than previous awards for unlawful detention because the measures contained in the the Anti-Terrorism, Crime and Security Act 2001 were created to combat a public emergency.

The judges rejected a fourth complaint, ruling that the detention of Abu Qatada did not amount to "torture and inhuman or degrading treatment".

COMPENSATION CLAIMANTS Abu Qatada - Palestinian-Jordanian, convicted of terrorism in Jordan Abu Rideh - Palestinian, suspected of links to radical cleric Abu Hamza Djamal Ajouaou - Moroccan, suspected of links to two other terror suspects Other men - six Algerians, one Tunisian and one French - cannot be named

The home secretary said UK courts had found the 11 men presented a threat to national security.

"We argued strongly to the European Court that compensation should not be awarded to such individuals," she added.

She said the judgment was based on historic legislation that was repealed nearly four years ago.

"I am pleased that the court recognised that these old measures were devised in 'good faith' to protect the public and in the face of "a public emergency threatening the life of the nation".

"Prosecution is always our preferred option but is not always possible. We replaced this law with a twin-track approach of deportation with assurances for foreign nationals and control orders for those whom we cannot prosecute or deport."

Shadow security minister Crispin Blunt said the pay-out was "an appalling scandal".

Shadow home secretary Chris Grayling said: "This decision will horrify most reasonable people in the UK.

"It shows just how incompetent the government has been at managing the problem of preachers of hate and, frankly, it makes a mockery of the concept of human rights if we can't protect ourselves against people who are out to destroy our society."