英政府神規定 無法驅逐的恐怖分子

An Islamic terrorist has stopped Britain deporting him – by refusing to give his name for 21 years.
一名伊斯蘭恐怖分子拒絕交代姓名長達21年，從而阻止英國將他驅逐出境。

A judge ruled that the Algerian is a ‘trusted and senior’ member of a violent terrorist group and has helped suspects his lawyers have used human rights laws to prevent the Government from throwing him out of this cials cannot draw up crucial paperwork guaranteeing his safety without knowing his true while, taxpayers have been left to pick up the multi-million pound bill for his legal aid and months of NHS hospital care.
法官裁定這名阿爾及利亞人是一個恐怖組織的“高級親信”，並曾幫助過境外的嫌疑犯。但是他的律師利用人權法案阻止政府將他驅逐出英國。而在不瞭解他的真實身份的前提下，政府官員也無法起草相關文件保證他的安全。與此同時，納稅人還要爲他的法律援助和長年累月的保險醫療支付數以百萬英鎊計的賬單。

Astonishingly, the terrorist, known only as B, is free to walk the streets because his bail conditions were ‘relaxed’ to allow him to go swimming and worship at a mosque.
而出人意料的是，由於寬鬆的保釋條件，該名恐怖分子（暫被稱作B）依然行動自如，去游泳或者去清真寺禮拜都不受限制。

The legal stand-off provoked a furious response from a senior Tory who branded human rights laws ‘a farce.’Dominic Raab, MP for Esher and Walton, said: ‘It is a damning indictment of the human rights farce in this country that this man has been able to run rings around the deportation system.
此案使得一位資深保守黨員稱人權法案爲“胡鬧”，而他的言論無疑引起了衆怒。伊舍和沃爾頓 (英國國會選區）的議員多米尼克·拉布表示，因爲這一個人打了驅逐機制的擦邊球就去控訴起人權法案簡直是無稽之談。

‘If a dangerous criminal or suspected terrorist can frustrate deportation, by spewing out human rights objections while refusing to give his name so the claims can be checked, it turns the system on its head. Even the human rights lawyers should be embarrassed, it’s so ridiculous.’
“如果一名危險的罪犯或者有嫌疑的恐怖分子能夠通過拒絕交代姓名來干擾被驅逐出境的進程，並阻止罪名的成立，那無疑有漏洞的是這個機制。此外，人權律師也應該爲此感到羞愧，這種理由簡直太離譜了。”

The saga emerged in a recent court ruling when B tried to halt deportation proceedings. But judges struck out his appeal. His lawyers had said the failure to resolve the stand-off was a breach of his human right to an ‘effective remedy’ by the State to his legal the judges criticised the failure of the mystery man to identify himself as a ‘deliberate distortion of the evidence’.
最近，B試圖通過上訴終止驅逐進程，但法官駁回了他的上訴。B的律師說由於他處在國家法律邊緣，人權無疑是他保護自己的“靈丹妙藥”。

They said his ‘manipulation of information, his contempt and abuse of process’ must not succeed because it would encourage others to ‘behave in a similar way’.
但是法官將判決的理由歸爲“對證據的蓄意歪曲”。法官稱，該名恐怖分子“操縱信息，蔑視章程”的行爲是絕不會成功的，因爲它會助長不良風氣，“引起他人效仿”。

The terrorist arrived illegally in Britain in 1993. The Special Immigration Appeals Commission found he bought a satellite phone and airtime for extremists in Algeria and Chechnya in 2000.
1993年，該名恐怖分子非法抵達英國。特別移民上訴委員會於2000年發現他購買了一部衛星電話，服務於阿爾及利亞和車臣的極端分子間的通話。

The terrorist originally gave his name as Nolidoni, later claiming to be Pierre Dumond. Both identities were false. He then refused to identify himself, as his lawyers cited two sections of the European Convention on Human said revealing who he is would put his family in Algeria in danger, a breach of article eight, and he could be at risk of torture, a breach of article three.
起初，該名恐怖分子稱自己爲諾里多尼，後來又改爲皮埃爾·多蒙德。不過這兩個身份都是假的。接下來他拒絕交代個人信息，而其律師則引用了歐洲人權公約相關條例爲他辯護。律師稱，暴露身份會使他阿爾及利亞的家人身處險境，這違反了公約條款八；而他自己也可能身處險境，這違反了公約條款三。

In response, the Government spent huge sums trying to independently establish his identity with a global fingerprints and DNA were taken but the Algerian authorities, as well as international counter-terrorism agencies, were unable to find a match.
爲了打破這種僵局，政府試圖斥巨資獨立在全球調查以識別他的身份，然而阿爾及利亞當局和國際反恐機構都無法爲其指紋和DNA找到匹配。

An Algerian language expert was employed to study his speech to pinpoint where he was from. Officials were even sent to Canada to speak to a fellow Algerian whose identity he stole after obtaining his no progress has been made. One source close to the case said: “He has admitted the name he was using is not his real name and the Algerians confirmed this.
一位阿爾及利亞語言學家被聘用研究該恐怖分子的用語以判斷其籍貫；政府官員甚至到加拿大與一位被其竊取了護照及身份信息的同僚展開對話，然而事情卻沒有任何進展。有消息稱，該名恐怖分子已經承認他所用的並非真實個人信息，而阿爾及利亞方面也證實了這一點。

‘Because of this the Government cannot obtain the individual assurances needed to secure his removal. It is not possible to deport him without these assurances because of our international human rights obligations.’ The terrorist is now on bail, with a nine-hour curfew and is banned from leaving a defined area without giving prior is also banned from meeting a list of named associates, using his mobile phone or accessing the internet.
“因此政府無法獲得個人保證來保障他的安全轉移。由於國際人權條款的限制，沒有這些保證是不可能驅逐他的。”該名恐怖分子目前處於保釋階段，宵禁九小時，並且未經事先通報不可離開指定區域。同時，他也被禁止會見一系列相關人員，並不得使用手機或接觸網絡。

A Home Office spokesman said: ‘We continue to pursue every avenue to ensure this dangerous man is removed from the UK.’
英國內政部發言人表示，“我們仍在訴諸多途徑將這名危險分子驅逐出境。”