The High Court has allowed an Algerian man with alleged links to Islamic terrorism to amend his latest legal challenge over the Minister for Justice’s refusal to revoke a deportation order made against him.
Aged in his 50s and living here for several years, the man, who cannot be identified for legal reasons, denies any involvement in terrorism or groups including Al-Qaeda.
He is currently detained in prison here and claims he is at risk of being tortured due to his political views if deported to Algeria.
In a judgment on Monday, Mr Justice Richard Humphreys said he was satisfied to dismiss the man’s latest challenge over the the deportation order but was prepared to adjourn the case to allow the man the opportunity, if he wished, to seek an amendment to his action to address the issue of reports of “incommunicado detention” facilities in Algeria.
The Minister had provided the court with a reasoned, dense, detailed and impressive analysis of matters, including human rights and prison conditions in Algeria, the judge said.
However, there was an error, “in less than half a sentence”, in that analysis concerning the sole issue of secret or incommunicado detention in Algeria.
It was not clear if the Minister had factored in material concerning allegations of secret detention in the analysis, he said.
While there was no specific claim in the existing case about secret detentions, the judge considered there was a “prima facie problem” which needed to be addressed.
In the circumstances where all the man’s other points challenging the Minister’s decision were dismissed, the judge said he was prepared to allow the man make points on reports of secret detention centres in Algeria.
In rulings on previous applications over the deportation, the Supreme and High Courts upheld certain points raised by the man and returned the matter to the Minister for fresh consideration.
The man was convicted of terrorism offences in Algeria and France, had previously used multiple identities and had been jailed in Ireland for attempting to travel on a false passport.
The Minister issued a deportation order against the man in 2016 after gardaí informed the Department of Justice the activities of the man and his associates were “of serious concern” and “contrary to the State’s security”.
The man says he fears being tortured if returned to Algeria.
During the 1990s he was convicted of several offences in Algeria and received three life sentences and two death sentences, which are no longer carried out.
Those offences included forming an armed terrorist group intending to spread murder, sabotage, possession of prohibited war weapons assassination, theft intending to harm the security of his home country.
He was jailed for eight years following his arrest in France in 2002 after he was found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.