In a blow to the Home Office, ruling allows the terror suspects to walk free

Six Algerian terror suspects with links to Osama bin Laden and Al Qaeda can stay in Britain after winning a ten-year legal battle.

In a blow to the Home Office, the Islamist extremists – including two connected to a poison murder plot – will be freed to walk the streets of the UK after the human rights ruling.

An immigration court said there was a ‘real risk’ they would be tortured by the Algerian security services if they were deported. This would have violated Article 3 of the Human Rights Act, which guards against ‘torture or degrading or inhuman treatment’.

Home Secretary Theresa May will not challenge the decision which will see the Islamist extremists freed to walk the streets of the UK after the human rights ruling

The ruling undermines the Home Office’s ability to boot out terror suspects to countries with dubious human rights records. It is understood Home Secretary Theresa May will not challenge the decision.

It came as ex-MI6 chief Sir John Sawers blasted judges for repeatedly putting human rights ahead of security when making rulings, especially in the European Courts.

The former spy chief spoke out after intervening in the EU referendum debate to argue that Brexit could hamper the UK’s ability to protect against terrorism by hampering intelliegence sharing.

He said: ‘I think judges generally tend to err on the side of human rights rather than erring on the side of security.

'That’s beginning to change as judges understand the scale of the security threat that Europe faces.’

In the latest case, the Special Immigration Appeals Commission (SIAC), sitting in London, ruled that the Algerians, who cannot be named for legal reasons, should not be deported even though they are deemed a threat to national security.

The Algerians, who are now living in England on strict bail conditions, include a leading organiser for atrocities overseas with ‘direct links’ to Osama Bin Laden (pictured)

They include associates of hate preacher Abu Hamza, the hook-handed cleric serving a life sentence in the US for terror-related offences, and a leading organiser for atrocities overseas with ‘direct links’ to Bin Laden.

Another pair are extremists arrested over an alleged plot to commit mass murder using the poison ricin in 2003.

The ringleader of that plot, Kamel Bourgass, murdered Detective Constable Stephen Oake during a 2003 police raid in Manchester. He is not involved in this case.

The Algerians are now living in England on strict bail conditions.

The Home Office said: ‘We are extremely disappointed with SIAC’s judgement. Our priority remains the safety and protection of the British public and we will continue to take every measure possible to remove foreign nationals who we deem a risk.’