Court says tag must be removed from man, who is subject to terrorism prevention and investigation measure, due to deterioration in his mental health

A Somalian refugee, who authorities believe acted as a recruiting agent for an Islamist terror group, is to have his electronic tag removed because he was scared it contained a bomb.

The man, a 39-year-old imam known as DD, is one of two suspects in the UK who are subject to a terrorism prevention and investigation measure (Tpim), which requires him to wear a monitoring tag on his ankle.

Lawyers for DD told the high court that the tag breached the European convention on human rights because the suspect believed it was a bomb and contained a camera.

The high court ruled in the man’s favour, despite security services suspecting him of making a “powerful contribution” to a terror group’s media campaign.

Lawyers for the home secretary, Theresa May, told the court there was evidence the man had provided important support for Somali militant group al-Shabaab for several years, including recruiting “young and vulnerable individuals from Europe”.

Jonathan Hall QC said the advice from the security service was that the Tpim had “significantly reduced DD’s ability to spread propaganda, radicalise, recruit and fundraise”.

If the Tpim was lifted there remained the risk that he would return to his activities on behalf of al-Shabaab, a “murderous and dangerous” organisation engaged in a jihadi mission in Somalia and around east Africa.

But Mr Justice Collins ruled the tag must be removed due to a deterioration in the suspect’s mental health. The judge said there was medical evidence that the man had psychotic and unusual beliefs that the tag was there to punish him.

He said two doctors accepted that DD’s symptoms were legitimate and that a further deterioration in his mental health might result in serious self-harm. Requiring DD to wear the tag was therefore a breach of article three of the European convention on human rights, which prohibits inhuman and degrading treatment.

“Since the appellant has the delusion that there is a bomb in his tag, which will be detonated so that MI5 can kill him if a judge allows his appeal, great care should be taken with the removal of the tag. It may be considered sensible not to inform him of my decision that the tag must go, until on some pretext the tag has been removed,” Collins said.

The judge did not lift the Tpim itself, saying the decision to maintain it was legally valid. But he said there was reason to believe that the suspect’s ability to take any effective terrorist-related activity had been lessened – “certainly some Islamic sects will not accept a person who is mentally ill as an imam”.

He added that Tpim restrictions on the access DD’s children had to laptops, iPads and mobile phones should be relaxed because the measures were seriously affecting their education and the ability to make friends.

The high court’s decision comes amid debates over the Human Rights Act, which David Cameron has pledged to scrap in favour of a British bill of rights.

The Tories could withdraw from the European convention on human rights over criticisms that British courts are deferring to rulings by European judges.

A Home Office spokesman said: “We are disappointed with the verdict of the court that certain restrictions to which the individual was subject should be removed.

“But the court found there was sufficient evidence to support the national security case to impose and keep in place a Tpim notice and restrictions on this individual’s activities to protect the public remain in place.”