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Amid a row over the deportation of 10 Pakistani students arrested on terror charges,Britain has said it decided to send them back as it had intelligence which indicates that they would “pose a threat to national security if allowed to remain in the UK”.
Though criminal charges have not been brought against the 10 Pakistanis,this “does not mean that the individuals pose no threat to the UK’s national security”,British High Commissioner Robert Brinkley said in a letter published by the Dawn newspaper on Wednesday.
Britain’s decision not to bring criminal charges against the Pakistanis,arrested on April 8 on suspicion of involvement in a terror plot,caused outrage in Pakistan,with many questioning whether they were detained on trumped-up grounds.
The matter became a major irritant in bilateral ties and British Prime Minister Gordon Brown visited Pakistan to clear the air.
All the arrested Pakistanis were in Britain on student visas. Foreign Minister Shah Mahmood Qureshi has said the Pakistanis should not be deported and given an opportunity to complete their studies in Britain.
Brinkley acknowledged the arrest of the Pakistanis the Terrorism Act caused a “great deal of concern and debate in Pakistan” but said the question of how “all charges were dropped but yet the students are not at liberty” was the “wrong” one to ask.
“These individuals were held for 14 days,at the end of which the police considered whether there was sufficient admissible evidence to bring charges. Within the time available,that investigation did not produce evidence that would have supported criminal charges,” Brinkley wrote.
“But,and it is a substantial but,the fact that charges could not be brought after the 14 days does not mean that the individuals pose no threat to the UK’s national security,” he added.
The Pakistani nationals were then “placed in detention pending deportation”. Brinkley wrote: “The decision to deport was based on intelligence,which indicates that the individuals would indeed pose a threat to national security if allowed to remain in the UK.
“That intelligence is not admissible in a UK court of law and so could not be used in a prosecution. That does not however make it any less valid.”
There are “important legal safeguards” associated with the decision to deport. “These individuals can appeal against deportation to an independent court which hears cases involving national security. The individuals have full legal representation paid for by the state.
“The major difference from an ordinary criminal court is that this tribunal reviews all the evidence and material including that gathered through intelligence,” Brinkley wrote.
This independent tribunal,and not British ministers,would decide “whether the intelligence material indicates that an individual’s continued presence in the UK would be potentially harmful to UK national security and,therefore,whether deportation should take place”,Brinkley wrote.
Noting that over 10,000 young Pakistanis travel to Britain to study every year,Brinkley said the British government’s approach is “based on protecting the safety of our public and at all times following the proper processes and the rule of law”.
British security authorities “can’t take any chances,particularly where many lives might be at risk” and must act on information they receive,he wrote.
Meanwhile,the legal team assisting the 10 Pakistanis fighting deportation is negotiating with British border authorities for providing educational facilities to them while they await the lengthy legal process to be completed. The legal team is also trying to enable those who have completed their courses to appear in their final examinations while in detention.


