UK
07/11/2013 06:58 GMT

Burka Escape Terror Suspect Is Suing The Government For Compensation

First he gave the authorities the slip by dressing up in a burka. Now it turns out terror suspect Mohammed Ahmed Mohamed is suing the government for breaching his human rights.

He is trying to get damages after claims the British authorities were complicit in his torture in Somalia in 2011.

Mohamed is understood to have received training and fought overseas for al-Shabaab, the Somalia-based cell of al Qaida.

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The 27-year-old was subject to a Tpim order restricting his movements - but was last seen fleeing a London mosque in a burka on Friday.

The Met Police's counter terrorism command, MI5 and the UK's Border Force are looking for him.

On Thursday, Mr Justice Irwin, sitting at London's High Court, handed down an interim ruling in the action he is bringing for compensation - the first ruling on the use of the Justice and Security Act 2013 in a civil claim for damages.

His claim is against the Foreign Office, Home Office, Ministry of Defence and the Attorney General.

He and another man, referred to as "CF", allege the British authorities consented to - or acquiesced in - their detention

by the Somaliland authorities on January 14 2011.

The men say British "officers and agents... by their acts and omissions, procured, induced, encouraged or directly caused, or were otherwise complicit in" their detention, assault and mistreatment and torture while they were in Somaliland.

Mohamed launched his damages claim under a cloak of anonymity and was referred to in court papers as "MA".

But anonymity was lifted today following his disappearance.

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This is Mohamed leaving the mosque in Acton

It is thought Mohamed used a sharp instrument to cut off his tag and was last seen at the An-Noor Masjid and Community Centre in west London.

He is the second terror suspect under a terrorism-prevention measure order to go missing.

Home Secretary Theresa May has insisted that 27-year-old Mohamed does not pose ''a direct threat'' to members of the public, despite mounting concerns over his disappearance.

Tpims involve restrictions on where suspects can travel and stay or whom they contact, but there is criticism because they are less restrictive than the control orders they replaced to protect the public from the risk of terrorist action.

Mr Justice Irwin said both Mohamed and CF were British citizens of Somali descent who travelled to Somaliland - CF in 2009 and Mohamed in 2007.

Both were detained on January 14 2011 and held until their removal back to the UK on March 14 that year.

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Mohamed is 'not considered at this time to represent a direct threat to the public'

They say they were tortured and mistreated during their detention and claim the Government is liable to pay them damages under the 1998 Human Rights Act for complicity in their alleged ill-treatment.

Mohamed alleges the fact the British authorities knew he was about to be arrested in Somaliland was demonstrated by

the Home Secretary's decision to apply for a control order against him "as a precaution" prior to his detention.

The first control order against him was sanctioned by High Court judge Mr Justice Silber on January 13 2011.

The legality of control orders, and subsequently Tpims, made against him were reviewed by Lord Justice Lloyd Jones in October 2012.

The judge concluded that both men were involved in terrorism-related activity and rejected allegations that they were the victims of an abuse of process.

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