英政府神规定 无法驱逐的恐怖分子

An Islamic terrorist has stopped Britain deporting him – by refusing to give his name for 21 years.

一名伊斯兰恐怖分子拒绝交代姓名长达21年，从而阻止英国将他驱逐出境。

A judge ruled that the Algerian is a ‘trusted and senior’ member of a violent terrorist group and has helped suspects abroad.But his lawyers have used human rights laws to prevent the Government from throwing him out of this country.Officials cannot draw up crucial paperwork guaranteeing his safety without knowing his true identity.Meanwhile, taxpayers have been left to pick up the multi-million pound bill for his legal aid and months of NHS hospital care.

法官裁定这名阿尔及利亚人是一个恐怖组织的“高级亲信”，并曾帮助过境外的嫌疑犯。但是他的律师利用人权法案阻止政府将他驱逐出英国。而在不了解他的真实身份的前提下，政府官员也无法起草相关文件保证他的安全。与此同时，纳税人还要为他的法律援助和长年累月的保险医疗支付数以百万英镑计的账单。

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，由于宽松的保释条件，该名恐怖分子（暂被称作B）依然行动自如，去游泳或者去清真寺礼拜都不受限制。

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.

此案使得一位资深保守党员称人权法案为“胡闹”，而他的言论无疑引起了众怒。伊舍和沃尔顿 (英国国会选区）的议员多米尼克·拉布表示，因为这一个人打了驱逐机制的擦边球就去控诉起人权法案简直是无稽之谈。

‘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.’

“如果一名危险的罪犯或者有嫌疑的恐怖分子能够通过拒绝交代姓名来干扰被驱逐出境的进程，并阻止罪名的成立，那无疑有漏洞的是这个机制。此外，人权律师也应该为此感到羞愧，这种理由简直太离谱了。”

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 limbo.But the judges criticised the failure of the mystery man to identify himself as a ‘deliberate distortion of the evidence’.

最近，B试图通过上诉终止驱逐进程，但法官驳回了他的上诉。B的律师说由于他处在国家法律边缘，人权无疑是他保护自己的“灵丹妙药”。

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’.

但是法官将判决的理由归为“对证据的蓄意歪曲”。法官称，该名恐怖分子“操纵信息，蔑视章程”的行为是绝不会成功的，因为它会助长不良风气，“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，该名恐怖分子非法抵达英国。特别移民上诉委员会于2000年发现他购买了一部卫星电话，服务于阿尔及利亚和车臣的极端分子间的通话。

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 Rights.They 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，该名恐怖分子称自己为诺里多尼，后来又改为皮埃尔·多蒙德。不过这两个身份都是假的。接下来他拒绝交代个人信息，而其律师则引用了欧洲人权公约相关条例为他辩护。律师称，暴露身份会使他阿尔及利亚的家人身处险境，这违反了公约条款八；而他自己也可能身处险境，这违反了公约条款三。

In response, the Government spent huge sums trying to independently establish his identity with a global investigation.His fingerprints and DNA were taken but the Algerian authorities, as well as international counter-terrorism agencies, were unable to find a match.

为了打破这种僵局，政府试图斥巨资独立在全球调查以识别他的身份，然而阿尔及利亚当局和国际反恐机构都无法为其指纹和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 passport.But 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.

一位阿尔及利亚语言学家被聘用研究该恐怖分子的用语以判断其籍贯；政府官员甚至到加拿大与一位被其窃取了护照及身份信息的同僚展开对话，然而事情却没有任何进展。有消息称，该名恐怖分子已经承认他所用的并非真实个人信息，而阿尔及利亚方面也证实了这一点。

‘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 notice.He is also banned from meeting a list of named associates, using his mobile phone or accessing the internet.

“因此政府无法获得个人保证来保障他的安全转移。由于国际人权条款的限制，没有这些保证是不可能驱逐他的。”该名恐怖分子目前处于保释阶段，宵禁九小时，并且未经事先通报不可离开指定区域。同时，他也被禁止会见一系列相关人员，并不得使用手机或接触网络。

A Home Office spokesman said: ‘We continue to pursue every avenue to ensure this dangerous man is removed from the UK.’

英国内政部发言人表示，“我们仍在诉诸多途径将这名危险分子驱逐出境。”