Home Secretary Theresa May will fight the ruling after she sought assurances from the Jordanian government that Qatada wouldn’t face a trial that uses evidence obtained by torture.

The Home Office intends to go to the court of appeal immediately.

The three judges who upheld Qatada’s appeal said despite May’s assurances, there was still a genuine risk ill-gotten evidence would be part of cases against the cleric and that Jordanian justice policy must change.

The Home Office said: “The government strongly disagrees with this ruling. We have obtained assurances not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial.”

“Indeed, today’s ruling found that ‘the Jordanian judiciary, like their executive counterparts, are determined to ensure that the appellant will receive, and be seen to receive, a fair retrial’. We will therefore seek leave to appeal today’s decision.”

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