Deportation order to Jordan challenged in High Court

A man allegedly involved with Islamic terrorists who opposes a bid by the State to deport him became emotional when asked to give details to a doctor about torture he claims he received at the hands of the Jordanian authorities, the High Court has heard.

The man, who cannot be identified for legal reasons, denies the State's claims he has consulted with senior violent extremist leaders outside Ireland or that he represents a threat to national security. It is also claimed he made travel arrangements and recruited members for Islamic State. He has brought High Court proceedings challenging the Minister for Justice and Equality's decision to deport him to Jordan. He says he was tortured in Jordan due to his political activities and faces being tortured if he is sent back.

On Thursday, the third day of the hearing before Mr Justice Richard Humphreys, Daniel Friedman QC for the man argued the Minister failed to properly take into account the risk of his client being tortured if deported to Jordan.

Mr Friedman said the Minister had not properly assessed medical evidence concerning his client. “A complex multiplicity of corroborated medical findings” contained in a report complied on the man makes it highly probable he was tortured in the custody of the Jordanian authorities during the 1990s, he said.

The man, he added, was subjected to different forms of torture by the Jordanian authorities, including a technique known as falanga which involves the repeated beating of the soles of his feet by a blunt instrument. He was also subjected to electric shocks as well as other forms of sustained physical abuse. He had a number of scars on his body and had difficulty walking. When asked to give details to a medical expert about what had happened to him, the man became defensive and emotional, which was another sign he was a victim of abuse, Mr Friedman said.

He cited reports complied by bodies including NGOs, Human Rights Watch, Amnesty International and the US state department concerning the treatment of prisoners in Jordan, particularly those linked to Islamist groups.

Despite his client’s denials of being linked to Islamic Stat, he would be perceived as being involved and would face torture or ill treatment in Jordan, Mr Friedman said. The reports stated torture and ill-treatment in detention centres was widespread and systemic.Those engaged in this behaviour did so with “impunity”, he added.

Jordan was part of the coalition against Islamic terror groups. Last year it lifted a moratorium on executions and hung two jihadists after one of its pilots was executed by Islamic State militants.

Submissions on behalf of the man have concluded. On Friday, lawyers for the Minister will outline her opposition to the man’s action and will argue why the deportation order is valid.

The man has lived in Ireland since 2000 on the basis that he has an Irish citizen child. Last year the authorities decided not to renew his residency permit because the child had not been living in the State.

He was then told the State wanted to deport him. The man applied for asylum and he claims the Minister for Justice refused to make a decision on his application. He claims this is unlawful and is seeking an order compelling the Minister to accept his application for asylum.

He also seeks a declaration he is entitled to apply under the 1996 Refugee Act for a declaration that he is a refugee without needing the Minister’s consent. He also wants the Minster’s decision to deport him set aside.