UK seeks assurance that torture-tainted evidence will not be used in a trial as it considers appeal against human rights ruling
Britain has opened urgent talks with Jordan in an attempt to address the ruling by the European court of human rights last week blocking the deportation of terror suspect Abu Qatada from the UK.
The British ambassador to Jordan is pressing authorities in the country for a binding undertaking that Qatada, who is being held in Long Lartin maximum security prison in Worcestershire, would face a fair trial if he were sent back.
Monday's fresh diplomatic initiative was disclosed by the Home Office at a hearing of the special immigration appeals commission (Siac) in London to consider a joint application for habeas corpus and for bail on behalf of Qatada.
Mr Justice Mitting promised to deliver a decision on 6 February on whether Qatada should be released from custody, saying a quick verdict was essential after six-and-a-half years during which he had been held in detention or under 22-hour curfew.
Lawyers for Qatada warned that if the Home Office attempted to appeal against the decision by the European judges , Qatada could spend two more years in detention before a final decision was reached.
The Strasbourg court ruled last week that Qatada could not be deported to Jordan because it was highly likely he would face a trial for terrorist offences based on evidence obtained by torture and that would amount to a "denial of justice".
The Home Office disclosed to the Siac hearing it was actively considering an appeal to the grand chamber of the Strasbourg court as well as attempting to get a clear assurance from the Jordanians that torture-tainted evidence would not be used against Qatada.
Mitting, however, expressed scepticism that the Jordanians would provide such an assurance. "I accept that there is a possibility that negotiations with the Jordanians may provide a rapid solution but past experience with the Jordanian authorities in particular and more generally means that it is likely to prove to be unrealistic," he said.
The prime minister, David Cameron, is due to travel to Strasbourg on Wednesday to call for urgent reform in the operation of the European court of human rights and is likely to cite the Qatada case as central to his argument.