LONDON – Moves to deport foreign nationals who fall foul of a new list of “unacceptable behaviors” that give backing to terrorists will start within days, Britain’s Home Secretary, Charles Clarke, said yesterday.

However, he faces a lengthy legal battle with human rights organizations after publishing the grounds on which he would use his powers to remove or exclude people whose presence in the country is not considered conducive to the public good.

They include preaching, writing articles, or running a Web site to express views that “foment, justify, or glorify terrorist violence in furtherance of particular beliefs or seek to provoke others to terrorist acts.”

Articles already published, as well as speeches or sermons already made, will be covered by the new rules and a list drawn up of specific Web sites, bookshops, centers, networks, and organizations.

The Home Office has compiled a list of names of individuals against whom action may be taken – but they will have the right to appeal, almost certainly invoking the provisions of the European Convention on Human Rights. Ten foreign nationals, including a Jordanian once described as Osama bin Laden’s European “ambassador,” Abu Qatada, are in custody pending their removal.

However, this will not be straightforward. The courts have consistently made clear that if the government seeks to eject an individual to a country that routinely uses torture, such deportation would be contrary to Article 3 of the convention, which states that no one shall be subject to inhuman or degrading treatment.

The Foreign Office has been negotiating a series of bilateral deals with countries that may be asked to receive the deportees seeking assurances that they will not be maltreated.

But human rights groups say these protocols “are not worth the paper they are written on.” Furthermore, the European Court of Human Rights ruled almost 10 years ago in the case of a Sikh activist whom Britain wanted to return to India that such diplomatic assurances were inadequate.

With an eye on the courts, Mr. Clarke said he would use his powers in a “measured and targeted way.” He added: “They are not intended to stifle free speech or legitimate debate about religions or other issues. Britain is rightly proud of its openness and diversity, and we must not allow those driven by extremism to destroy that tradition.”

Prime Minister Blair, in a statement earlier this month indicated that if human rights law gets in the way of the measures the government wants to introduce, it could be changed.

This may even require complete withdrawal from the ECHR, something that the Tory leadership hopeful, David Cameron – who likened Islamist extremists to Nazis – said may become necessary.

Such a move would stoke up a mighty human rights battle in the courts. A U.N. “special rapporteur” on torture, Manfred Nowak, accused the government of trying to circumvent its duty not to deport people to countries where they could face torture or abuse. This drew an angry response from Mr. Clarke, who said: “I wish the U.N. would look at human rights in the round rather than simply focusing on the terrorist.”

But the legal director of Liberty, James Welch, said: “What has always separated us from the terrorists is that we do not torture people or send them to be tortured – that is the standard we need to maintain.

“We believe it is better for terrorist suspects to be tried than shuffled around world. If they have to be deported then at the very least there must be corroboration and robust involvement from international human rights monitors.”

The Islamic Human Rights Commission voiced concern that the proposed grounds for deportation amounted to the “criminalization of thought, conscience, and belief”.

Opposition leaders backed the plans. The shadow home secretary, David Davis, said: “We look forward to these powers being implemented robustly and effectively.”

The Liberal Democrat home affairs spokesman, Mark Oaten, said: “We broadly welcome the use of powers to deport people, as long as the individuals involved have a right to appeal and the case for deportation is reasonable.”

It is still possible that the right of appeal could be restricted in deportation cases. A separate consultation is taking place on powers to shut mosques, ban Islamist organizations such as Hizb-ut-Tahrir and allow deported individuals the opportunity to appeal only when they are outside the country or in detention.

‘Unacceptable Behaviors’

The list of “unacceptable behaviors” covers any non-British citizen whether in Britain or abroad who uses any means or medium, including:

* writing, producing, publishing, or distributing material

* public speaking including preaching

* running a Web site

* using a position of responsibility such as teacher, community or youth leader to express views which:

• foment, justify, or glorify terrorist violence in furtherance of particular beliefs


• seek to provoke others to terrorist acts


• foment other serious criminal activity or seek to provoke others to serious criminal acts


• foster hatred that might lead to inter-community violence in Britain

Targets for Deportation

* MOHAMED AL MASSARI, a Saudi dissident who has been in the country for 10 years. He runs a jihadist Web site that carries video clips of suicide bomb missions in Iraq.

* SAAD AL-FAGIH, a Saudi dissident who has been declared a “specially designated global terrorist” by America. He is head of the Movement for Islamic Reform in Arabia, based in London.

* YASSER AL-SIRI, an Egyptian given asylum in Britain who faces the death penalty in his own country after being convicted in absentia for an alleged role in a bomb attack.

* OMAR BAKRI MOHAMMED, a Syrian-born refugee who has lived in Britain since the early 1990s. He is currently in Lebanon and has been told he is not welcome back.

* ABU QATADA, a Jordanian imam who was in Belmarsh prison for three years before the law lords ordered his release. He was then held under a control order and was recently re-arrested pending his removal.

* SHEIKH YUSUF AL-QARADAWI, a Qatar-based imam who came to Britain last year but pulled out of another visit after the July 7 bombs.