To be charged with torture in the UK a person has to be allied with state forces.
Last week, new Foreign Secretary William Hague promised that an inquiry would be held into allegations of complicity in torture.
Jordan has agreed to change its law to ensure that no evidence obtained by torture could be used in his case.
The special immigration appeals commission (Siac) ruled in November there was a "real risk" evidence gained by torture could be used against Abu Qatada at a retrial in Jordan, meaning that he would not get a fair hearing.
Home Office officials and ministers have held talks with Jordanian authorities to try to gain assurances that torture evidence would not be used in any trial.
Britain views Qatada, also known as Omar Othman, as a national security threat, but the European Court of Human Rights barred the country from deporting him because evidence gained from torture could be used against him in Jordan, where he has been convicted in absentia of involvement in terrorist conspiracies.
Liberal Democrat home affairs spokesman Chris Huhne said the court was rightly concerned about the use of evidence gained under torture in Jordan, which would not be admissible in a British court.
In November 2012 Abu Qatada was released from prison once more after a UK court backed his appeal on the grounds that witness evidence obtained by torture could be used against him at trial in Jordan.
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Last month, a senior judge ruled Jordan had not proved that the retrial of Abu Qatada - who is currently living under strict bail conditions in London - would be free of evidence obtained by torture.
The main question before the court when it hears the Shell and Torture Protection cases, probably in February, will be whether the laws can be applied to organizations instead of individuals.
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They would also be outlawed under American law in Senator John McCain's proposed bill prohibiting torture or other cruel, inhuman or degrading treatment by American military personnel or intelligence agents wherever they are.
The report also points out that asylum-seeking women often have high-risk pregnancies, due to serious physical health conditions that can be related to having fled torture, sexual violence or female genital mutilation in their own countries.
"I hold this slow and daily tampering with the mysteries of the brain, to be immeasurably worse than any torture of the body, " Charles Dickens wrote in the 1840s after he visited that Philadelphia prison, which is now a museum.
He said the government had to show that if Abu Qatada was placed on trial in Jordan, the case against him wouldn't be based on evidence that had been gained through torture.
But the Vatican Gendarmes insist that the conditions under which Gabriele will be held fully respect the Geneva Convention on torture and "conform to the detention standards applicable to other countries in analogous circumstances".
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