Pictured: Murder plot terrorist who can’t be deported or monitored by police over fears security protocols would ‘violate his human rights’… as other killers and rapists use legal loophole to ‘claim a right to family life’
- A terrorist is using European human rights laws to block his deportation
- Wahbi Mohammed was jailed for his role in planning the ‘21/7’ bombings in 2005
- However, the Somali immigrant was released on bail in 2013
A foreign-born terrorist who plotted to murder scores of British commuters is using European human rights laws to block his deportation and stop police from monitoring his activities, The Mail on Sunday understands.
Wahbi Mohammed was jailed for his role in planning the ‘21/7’ bombings – a failed attempt on July 21, 2005, to replicate the 7/7 bomb attacks which killed 52 in London two weeks earlier.
Mohammed, a Somali immigrant, was released on bail in 2013, and his lawyers have since used human rights laws to resist his deportation. They claim the supposed risk of him being tortured if he was flown back to the East African country would violate Article 3 of the European Convention on Human Rights (ECHR).
Mohammed’s bail period expired several weeks ago, and his lawyers have used Article 3 to stop his continued surveillance, claiming it amounts to a form of torture, the MoS understands. It means police and MI5 have been unable to monitor the terrorist’s activities and movements.
Wahbi Mohammed is one of the five men found guilty of helping the failed July 21 bombers in the aftermath of the attacks
It is understood Home Secretary Suella Braverman has given up on trying to deport Mohammed, and has given him six months’ leave to remain in Britain. When this term comes to an end, he will be given another six months, after which it will be renewed again and again.
The case will increase pressure from within the Tory party for Rishi Sunak to prioritise repealing measures in the ECHR. Were it not for the European rules, under UK law the Home Secretary could have deported Mohammed long ago.
Boris Johnson’s administration promised in early 2022 to introduce over-riding legislation after a judge in Strasbourg blocked flights removing asylum seekers to Rwanda. But some critics – reported to include Ms Braverman herself – have privately urged Mr Sunak to remove the influence of the European court altogether. Ms Braverman believes the Prime Minister’s plans to tackle the Channel migrant crisis, including a law that will ‘make unambiguously clear that if you enter the UK illegally you should not be able to remain here’, do not go far enough, and she has proposed tougher legislation to circumvent Strasbourg rulings.
Led by ringleader Muktar Said Ibrahim, 44, the 21/7 attacks failed when the home-made explosives the four bombers carried in their rucksacks misfired.
Mohammed, now 39, is the younger brother of Ramzi Mohammed, 40, who tried to blow himself up on a train at Oval station. Ramzi is serving a life sentence with a minimum of 40 years behind bars.
Wahbi Mohammed stood trial with four others at Kingston Crown Court in 2008, accused of assisting the 21/7 bombers
Wahbi Mohammed stood trial with four others at Kingston Crown Court in 2008, accused of assisting the 21/7 bombers. The five were accused of providing the would-be suicide gang with safe houses, passports, clothing, food and assistance during their escape.
Wahbi Mohammed was found guilty of having knowledge of the plot, as well as helping the bombers before and after the attacks, and was jailed for 17 years. It was reduced to 13 years on appeal.
During the trial, the jury heard that Wahbi Mohammed was in a flat in Dalgarno Gardens in North Kensington when the 21/7 bombers set off for the attack. He even encouraged them by showing them jihadi videos, and took possession of the gang’s video camera with which they filmed their so-called martyrdom videos.
After the bungled attacks, Mohammed helped his brother by giving him a mobile phone, SIM card, charger and food, as his elder sibling hid at the Dalgarno Gardens flat with ringleader Ibrahim.
Days later, police arrested Ramzi Mohammed and Ibrahim at the flat by making them first come out on to a balcony near-naked with their hands raised.
Mohammed, now 39, is the younger brother of Ramzi Mohammed, 40, who tried to blow himself up on a train at Oval station
The grainy footage of the two bare-chested terrorists with their arms in the air pleading with the police not to shoot was beamed across the world. Wahbi Mohammed was arrested a mile away at his council flat in West London. He spent most of his sentence at Belmarsh maximum-security prison in South-East London.
A Freedom of Information request revealed that his trial and appeal hearings at the High Court cost the taxpayer £3.9 million.
In June 2020, Mohammed gave an interview to a newspaper saying how the Prevent deradicalisation programme in prison did not work, as most inmates saw jail imams as Government stooges.
He told The Sun: ‘My experiences of it were very bad. It was so hit-and-miss. Counsellors came in with a textbook on how to deradicalise an extremist and went on to apply it on you before they even knew who, as a person, you were.
‘I felt like they did not know exactly what they were trying to achieve, and hence I felt like a guinea pig. It felt sterile, devoid of care and humanity and simply like a roll-call of counter-arguments that they came up with.’
The Home Office has argued that legislation could sidestep the ECHR’s rulings by using ‘notwithstanding clauses’, which would direct UK courts to ignore the Strasbourg court’s rulings in specific cases. Ms Braverman said this would increase deportations, because judges would not block them on human rights grounds.
At a fringe meeting at the Tory party conference, Ms Braverman said Britain should leave the ECHR completely, but added that it was only her personal opinion.
She said: ‘I was pretty blunt about this issue in my leadership campaign. My position personally is that ultimately we do need to leave the ECHR.’ She added that the UK should not be ‘subject to an institution born out of the post-war era which is a bit analogue’.
At present, more than 148,000 asylum seekers are waiting for their claims to be processed by the Home Office and the courts.
It is understood No 10 is concerned about being seen to be trying to ‘ride roughshod’ over international law, in the wake of Mr Johnson’s attempt to over-ride the Northern Ireland Protocol, which was negotiated as part of the Brexit withdrawal agreement.
The Home Office said last night: ‘We do not routinely comment on individual cases.’
The killers and rapists who have claimed a right to a ‘family life’
Head-teacher killer
Milan-born Learco Chindamo, now 42, stabbed head-teacher Philip Lawrence to death outside his London school in 1995. He was 15 at the time. After Chindamo was released from jail, the Home Office could not deport him to Italy because of his human rights, as he was said to have ‘no ties’ there.
Milan-born Learco Chindamo (pictured), now 42, stabbed head-teacher Philip Lawrence to death outside his London school in 1995
Hate cleric’s accomplice
Moroccan-born CS, who cannot be named for legal reasons, is the daughter-in-law of Abu Hamza, the hook-handed cleric who preached at Finsbury Park Mosque, North London. She tried to smuggle a SIM card to Hamza in prison in 2016 but was caught and jailed. She successfully appealed against deportation, claiming a human right to family.
Gang rapist
Jason Efred Raje Francis, from Jamaica, was jailed for taking part in a gang-rape of a 14-year-old girl in a school playground in 2010. The Home Office tried to deport him in 2014 but failed because he had fathered two children since the rape, and had a right to family life.
Triple-killer
Khairi Saadallah, from Libya, stabbed three people to death in Reading in 2020 and is serving a whole life term. Saadallah had been freed from prison just 16 days before the attack – having previously been convicted six times for assaults, possession of a knife and racially aggravated violence. But he could not be deported on human rights grounds, with his lawyers claiming he faced the risk of torture in Libya.
Khairi Saadallah (pictured), from Libya, stabbed three people to death in Reading in 2020 and is serving a whole life term
Sex attacker
Sudanese national Jumaa Kater Saleh and four other men lured two girls aged 13 and 14 to a house in Kent, to perform sex acts on them. After being jailed, he could not be deported as he claimed he would be tortured if he was sent home.
Sudanese national Jumaa Kater Saleh (pictured) and four other men lured two girls aged 13 and 14 to a house in Kent, to perform sex acts on them
…and the farce of the Bolivian accused of theft – and his cat
Camilo Soria Avila, 36, came to the UK to study in 2002 but his visa expired. He was arrested on suspicion of stealing underwear from a store in London, and attracted the interest of the immigration service. Soria successfully claimed he was entitled to ‘family life’ in Britain, and his ownership of a cat, Maya, with his male partner showed their commitment to each other.
Camilo Soria Avila, 36, (pictured) was arrested on suspicion of stealing underwear from a store in London, and attracted the interest of the immigration service
Failed asylum seeker who mowed down my husband and left my children without a father is STILL here 20 years later, writes widow ALISON FRITCHLEY as she slams the ‘absurd’ system protecting criminals from being deported
My children were aged just 15 and 13 when their father was killed instantly after his car was hit by another driver who was an illegal immigrant.
The failed asylum seeker, Nana Kemajou, from Cameroon, was subsequently jailed for two and a half years after being found guilty of dangerous driving while speeding with a ‘seriously under-inflated tyre’.
He was also charged with wilfully obstructing a police officer by giving false details and driving without insurance or a licence.
It was reported that Kemajou would be deported as soon as he completed his jail sentence.
But today, almost two decades later, he is still in Britain.
Next Saturday will be the 19th anniversary of my husband Paul’s death. That means 19 years of him missing our children grow up and have children of their own.
Alison Fritchley lost her husband, Paul, 19 years ago after he was killed instantly after his car was hit by another driver who was an illegal immigrant
It is so morally wrong that, in that time, a failed asylum seeker who gave police so many false identities that they were never sure who he was, should be free to enjoy life in this country.
The reason he is doing so is because of so-called ‘human rights’ law.
Kemajou never showed a shred of remorse. I remember sitting in Gloucester Crown Court watching as he laughed while the evidence against him and the impact of Paul’s death on our family was laid out before the judge.
He had been refused asylum and was living and working here illegally on a dairy.
After killing my husband, he tried to flee the scene but was grabbed by other motorists. Nothing will ever persuade me that this man shouldn’t have been sent back to Cameroon the moment his sentence ended in 2006. I’ve even offered to pay the air fare myself.
Politicians have talked endlessly about reforming ‘human rights’ law to stop it being used as a convenient shield that leaves the Government powerless to deport criminals and killers. But nothing has been done.
It’s absurd that criminals with no right to be in Britain cannot be sent home because they have a child here, or their home country is considered to be politically chaotic. Rather than concentrating on the rights of killers and terrorists, what about the rights of their victims?
I welcome any change that means law-breakers can be put on a plane home quickly without the endless legal wrangling.
It is utterly grotesque that a man, illegally in Britain and who killed my husband, should be allowed the right to a family life here – something that he has so cruelly denied me and my children.
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