英政府神規(guī)定 無法驅(qū)逐的恐怖分子
作者:滬江英語
來源:每日郵報
2014-08-11 17:42
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(qū)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.
法官裁定這名阿爾及利亞人是一個恐怖組織的“高級親信”,并曾幫助過境外的嫌疑犯。但是他的律師利用人權(quán)法案阻止政府將他驅(qū)逐出英國。而在不了解他的真實身份的前提下,政府官員也無法起草相關(guān)文件保證他的安全。與此同時,納稅人還要為他的法律援助和長年累月的保險醫(yī)療支付數(shù)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,由于寬松的保釋條件,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(chǎn) 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(quán)法案為“胡鬧”,而他的言論無疑引起了眾怒。伊舍和沃爾頓 (英國國會選區(qū))的議員多米尼克·拉布表示,因為這一個人打了驅(qū)逐機制的擦邊球就去控訴起人權(quán)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(qū)逐出境的進程,并阻止罪名的成立,那無疑有漏洞的是這個機制。此外,人權(quán)律師也應該為此感到羞愧,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 limbo.But 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(qū)逐進程,但法官駁回了他的上訴。B的律師說由于他處在國家法律邊緣,人權(quán)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為“對證據(jù)的蓄意歪曲”。法官稱,該名恐怖分子“操縱信息,蔑視章程”的行為是絕不會成功的,因為它會助長不良風氣,“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于2000年發(fā)現(xiàn)他購買了一部衛(wèi)星電話,服務于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 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,該名恐怖分子稱自己為諾里多尼,后來又改為皮埃爾·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(quán)公約相關(guān)條例為他辯護。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 investigation.His fingerprints and DNA were taken but the Algerian authorities, as well as international counter-terrorism agencies, were unable to find a match.
為了打破這種僵局,政府試圖斥巨資獨立在全球調(diào)查以識別他的身份,然而阿爾及利亞當局和國際反恐機構(gòu)都無法為其指紋和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 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(jīng)承認他所用的并非真實個人信息,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 notice.He 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(zhuǎn)移。由于國際人權(quán)條款的限制,沒有這些保證是不可能驅(qū)逐他的。”該名恐怖分子目前處于保釋階段,宵禁九小時,并且未經(jīng)事先通報不可離開指定區(qū)域。同時,他也被禁止會見一系列相關(guān)人員,并不得使用手機或接觸網(wǎng)絡(luò)。
A Home Office spokesman said: ‘We continue to pursue every avenue to ensure this dangerous man is removed from the UK.’
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