Til tross for at Storbritannia har nektet den muslimske hatpredikanten og antisemitten Raed Salah innreisetillatelse til landet, lyktes han i helgen å komme seg gjennom flyplasskontrollen på Heathrow. Nå bruker han Storbritannias omtridte menneskerettslovgiving – Den europeiske menneskerettskonvensjonen (EMK) – for å hindre at han blir sendt ut igjen.
Tirsdag ble Salah anholdt på direkte ordre fra innenriksminister Theresa May etter å ha holdt en tale for et fullsatt møte for islamske palestina-aktivister. Innenriksministeren krever ham deportert, noe Salahs advokater mener bryter med EMKs artikkel 10 om ytringsfrihet. Nå står det britiske innenriksdepartementet overfor en lengre rettssak for å få kastet den ekstremistiske predikanten ut av landet han i utgangspunktet har tatt seg ulovlig inn i:
She ordered that Salah, described in the House of Commons as ‘virulently anti-Semitic’, be removed on the grounds his presence is not ‘conducive to the public good’.
But his lawyers yesterday claimed that his treatment was a breach of Article 10 of Labour’s Human Rights Act – the right to ‘freedom of expression’.
The Home Office now faces a potentially gruelling and lengthy battle to throw him out. In the meantime, Salah is being held in Colnbrook immigration centre.
Tayab Ali, who is acting for Salah, said: ‘The detention was pursuant to Section 3 of the Immigration Act 1971 which was that the Secretary of State felt that deportation of my client was conducive to the public good.
‘It is our view that the basis for that deportation order is without merit and interferes with our client’s Article 10 right to freedom of expression. We will be strongly challenging the deportation order in the British courts.’
Saken føyer seg inn i en rekke lignende tilfeller der EMK blir brukt til å sabotere britisk innvandringspolitikk. Normalt er det konvensjonens artikkel 3 og 8, hhv. beskyttelse mot degraderende behandling og retten til et familieliv, som blir brukt av personer som står overfor tvangsutsendelse.
Ved å påberope seg artikkel 10, hevder Salah i realiteten at han har rett til å preke i Storbritannia – til tross for at han er utenlandsk statsborger og at innenriksdepartementet har erklært ham uønsket.
The appeal came as further details emerged of the blunders which allowed Salah, the leader of the Islamic Movement in Israel, to enter the UK.
Mrs May, furious at the mistakes made by the UK Border Agency, has launched a full investigation. It will centre on the likelihood that UKBA officials failed to notify Salah last week that he had been barred.
He was then allowed to wander through border controls without any trouble – despite supposedly being on a ‘no-fly’ list.
His legal team said he had ‘no knowledge’ of the ban and had made ‘no attempt’ to conceal his identity.
Solicitor Farooq Bajwa said that Salah had arrived on Saturday using a passport issued in his name, adding: ‘He is an Israeli citizen and I do not believe that visas are required for Israeli citizens.
‘He walked through immigration and was not stopped and was not questioned at all. He made no attempt to conceal his identity, he has been attending public meetings and advertising those public meetings. This has not been a cloak-and-dagger visit.’
Police are understood to have been tracking him but did not detain him when he made a speech in London on Monday evening. They waited until after his talk in Leicester on Tuesday, then stopped him when he arrived back in London later that evening. He spent the night in the high-security Paddington Green police station.
Left-wing Labour MPs had planned to share a platform with him at Westminster yesterday.
Mrs May said: ‘We do not normally comment on individual cases but in this case I think it is important to do so. I can confirm he was excluded and that he managed to enter the UK.
He has now been detained and the UK Border Agency is now making arrangements to remove him.’
Sarah Colborne, director of the Palestine Solidarity Campaign, insisted that Salah was the leader of a legitimate political organisation and that he rejected all forms of racism, including anti-semitism.
Daily Mail: What a surprise! Now hate preacher cites his human rights to fight deportation
A banned extremist who made a mockery of Britain’s border controls is now using human rights law to fight deportation.