If the individual may be tried on the strength of a statement allegedly obtained through torture, the treaty prevents any use of the statement unless prosecutors can satisfy the court "to a high standard" that it was not obtained through torture after all.
The next provision is even more specific. If a court in the sending state has already found a real risk that the authorities in the receiving state have obtained a statement through torture, the statement must not be used at the trial or retrial of that individual unless prosecutors can satisfy the court "beyond any doubt" that the statement was freely made.
As May said, that ought to persuade both the UK and the European courts that Qatada will not face trial on tainted evidence. It would not, of course, prevent him from being detained in Jordan under other provisions or stop him being from charged on different evidence.
The UK-Jordan treaty will require ratification by the parliaments of both countries, which is not expected much before the end of June. Meanwhile, May was doggedly pursuing the second track of her twin-track approach: an appeal against a ruling blocking Qatada's deportation, made last November by the Special Immigration Appeals Commission (Siac).
Such appeals can be granted only if Siac gets the law wrong, so it is not surprising that the Court of Appeal dismissed May's challenge in March and, a month later, refused her permission to take her case to the Supreme Court. That court could grant the necessary permission itself. But Qatada's announcement on May 10 that he would return voluntarily once the Jordanian parliament had ratified the treaty made it even less likely that her appeal would be heard, let alone granted. That left bail as the only issue in dispute: Qatada argued that his decision to return home meant he was no longer a flight risk.
The Home Secretary's third way is to "fix" the UK's relationship with the European Court of Human Rights. Downing Street was apparently briefing reporters that the Prime Minister was thinking of withdrawing temporarily from the convention in order to facilitate Qatada's deportation.
