Abu Qatada release: Home Office fury as judge frees 'Bin Laden aide'

Abu Qatada featured in hate sermons found on videos in the flat of one of the 9/11 bombers. Photograph: AP

The Home Office clashed openly with judges on Monday when it criticised a decision to free on bail within days the radical Islamist cleric Abu Qatada, who is accused of posing a grave threat to British national security.

The decision by Mr Justice Mitting will see Abu Qatada, once described as Osama bin Laden's righthand man in Europe, walk out of Long Lartin maximum security prison in Worcestershire after more than six and a half years in detention without trial – the longest period in modern times.

The special immigration appeals commission (Siac) has imposed some of the most draconian bail conditions seen since 9/11, including a 22-hour curfew, but this did little to assuage the anger of the Home Office ministers or politicians from all parties at the decision.

The clash takes the battle between politicians and the judiciary into new territory as Abu Qatada is a major international terror suspect. He was first detained without trial in Britain under the quashed Belmarsh regime nearly a decade ago, in October 2002.

The decision taken by the high court judge at Siac follows the ruling by the European court of human rights that he could not be deported to Jordan because he would face a "flagrant denial of justice" – a retrial based on evidence obtained through torture. Abu Qatada had been detained under immigration laws for the past six and half years pending his deportation to Jordan.

A Home Office spokesperson said he should remain in detention: "This is the argument we made in court and we disagree with its decision. This is a dangerous man who we believe poses a real threat to our security and who has not changed in his views or attitude to the UK."

The Home Office said it will consider an appeal against the European court's ruling. It will also continue a fresh attempt to secure diplomatic assurances from Jordan that Abu Qatada will not face a trial based on torture-tainted evidence.

The British ambassador held two meetings last week with the Jordanian authorities to try to open talks on the issue.

But the decision angered both Labour and Conservative backbenchers. The former Labour home secretary David Blunkett said the decision had left the government facing a very real difficulty: "It is an unholy mess. We are left in the absurd position of not being able to remove a man even though everyone accepts he won't be tortured, not being able to keep him in prison because his human rights trump the protection of the British people, and a government that has watered down control orders so that they are more lax than was previously the case."

The Conservative backbencher Dominic Raab echoed Blunkett's anger: "This result is a direct result of the perverse ruling by the Strasbourg court. It makes a mockery of human rights law that a terrorist suspect deemed 'dangerous' by our courts can't be returned home, not for fear that he might be tortured, but because European judges don't trust the Jordanian justice system."

The bail conditions set down by Mr Justice Mitting are draconian, comprising a 22-hour curfew rather than the "overnight residence requirement" specified in the coalition's replacement for control orders. They include an electronic tag, MI5 vetting of all his visitors except for immediate family, and monitoring of his communications. The delay in his release is to allow the security services to check the proposed bail address and organise their surveillance operation.

In his ruling, the judge said that although the six and half years Abu Qatada had been detained under immigration powers was "unusually long", he agreed with the home secretary that it was also lawfully justified. However, he added: "The time will arrive quite soon when continuing detention or deprivation of liberty could not be justified." The Siac judge warned the home secretary, Theresa May, that Abu Qatada's "highly prescriptive" bail terms would be relaxed after three months if there is no "demonstrable progress" made with the Jordanians.

The bail conditions mirror those set in 2008 when he was released for six months before being returned to prison on unspecified national security grounds. The judge said the risks to national security and of absconding in the case had not significantly changed since then.

During the one-day bail hearing, Edward Fitzgerald QC, representing Abu Qatada, argued that his detention had gone on too long to be reasonable and there was no prospect of the detention ending in any reasonable period. Even if new diplomatic assurances were secured it would only trigger a new round of litigation in the English courts."There comes a time when it's just too long, however grave the risks," said Fitzgerald.

The shadow home secretary, Yvette Cooper, said May had to explain urgently what action she was taking on the national security implications of the ruling. "Abu Qatada should face terror charges in Jordan, and the home secretary needs to urgently accelerate discussions with the Jordanian government to make that possible," she said. The home secretary also had to spell out the counter-terror safeguards that will be taken to lower the national security risk.

The security services have never disclosed the actual cost of mounting round-the-clock surveillance operations on terror suspects such as Abu Qatada but it does have serious implications for their resources.

Abu Qatada, whose real name is Omar Othman, 51, featured in hate sermons found on videos in the flat of one of the 9/11 bombers. Since his original detention in October 2002, every attempt to deport him to Jordan has been frustrated. The law lords ruled three years ago that he could be sent back but the Strasbourg decision overturned that ruling.