Anjem Choudary set to mount legal challenge to draconian release conditions

Anjem Choudary, the notorious Islamist hate preacher, who was let out of prison yesterday, is considering mounting a legal challenge to the strict conditions of his release.

Choudary is understood to have applied for legal aid funding to bring his action against ministers, arguing the conditions breach his human rights.

The 51-year-old father of five, who is represented by the leading human rights law firm Birnberg Peirce, wants to tone down some of the 25 rules he must adhere to following his release.

They include tight restrictions on who he can associate with, which mosque he can attend and what locations he is allowed to visit.

In addition he is banned from using the internet and is not allowed to speak to youngsters under the age 18.

Any breach of the licensing conditions and Choudary would be returned to prisonto complete the remainder of his five and a half year sentence, which was handed down after he was found guilty of swearing an oath of allegiance to Islamic State of Iraq and the Levant (Isil).

But prisoners who feel their human rights are being violated by the rules can apply to mount a judicial review in order to decide whether they are fair.

It is understood Choudary's lawyers have now written to the Ministry of Justice complain that the severe restrictions - possible the most draconian imposed on a British citizen - does constitute a breach of his human rights.

Choudary, who is a trained lawyer, is understood to have argued that the licencing conditions are disproportionate to the crime for which he was convicted.

While he is accused of radicalising dozens of young Muslims, including terrorists who have committed atrocities both here and abroad, Choudary was only convicted of one terrorism offence.

According to reports, he has been placed on an asset freezing order. It is not clear whether he can use the funds to pay for lawyers. It is possible he is entitled to legal aid, having lived on benefits for years before going to jail

A well-placed source said: “There was an expectation at the Ministry of Justice that Choudary was going to bring a legal challenge. That’s just what he does. a number of conditions are being imposed on him and he is seeking to challenge that. Nobody is surprised if he pursues the claim. That is what everybody is expecting.”

Choudary was freed from Belmarsh prison in south east London early yesterday morning after reaching the midway point of his sentence.

He had been held at Frankland high security prison in Durham, which has a special extremist unit, but was moved back to London ahead of his release.

He was driven out of Belmarsh prison at high speed before dawn and was spotted arriving at a probation hostel in north London at 6.29am.

Wearing blue Adidas trainers and a grey cardigan over a long white robe, he was accompanied by two police officers in plain clothes.

After spending the morning inside the hostel, Choudary briefly appeared on the steps of the building where a large number of photographers and camera crews had gathered.

He smiled and waved briefly to the cameras, but said nothing - mindful not to breach his licence conditions which is understood to prevent him from talking to the media.

Parents taking their children to a nearby school expressed their concern at Choudary’s presence on Friday morning.

Later in the afternoon he left the hostel in a cab in order to visit a mosque to attend Friday prayers.

He is expected to remain in the probation hostel for between three to six months before being allowed to return to his family home under tight restrictions.

Once his licensing period ends in two and a half years time, he will be a free man and will be no longer subject to any restrictions.

Sources said counter-terror police and the security services “will be watching him like a hawk”. The cost of keeping him under surveillance is likely to exceed £2 million a year.

Sir Mark Rowley, the former head of counter terror policing said while Choudary’s conviction had been significant, it was important not to overstate his significance.

He said: “It was a significant arrest and it was good to put him in prison. But I think we have to be careful not to overstate his significance. "At the end of the day, he is a pathetic groomer of others. That is what he has done in the past. He is not some sort of evil genius we all need to be afraid of. "We have to recognise that radicalisers look to generate a profile, they look to prey on the vulnerable.”